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HomeMy WebLinkAbout2013-16492 ��,tins � IIII II I II I I I II I II I III II II I II I I II l� 1 X Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk STEWART TITLE INSURANCE CORP Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: DEED Receipt Number: 13-48184 Grantor (Party 1) Grantee (Party 2) BALDWIN, FRANK C JR TOWN OF ITHACA Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2013-16492 Pages Fee $35.00 State Surcharge $20.00 Transfer Tax #: 000853 TP-584 Form Fee $5.00 RP-5217 Form Fee $125.00 Property located in Town of Ithaca Total Fees Paid: $205.00 State of New York County of Tompkins Recorded on December 17th, 2013 at 2:57:16 PM with a total page count of 7. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 2013-16492 12/17/2013 02:57:16 PM Mo-n',,ity Fk,r1\c!IJon C,,con.ml ThiS Indenture,is made this 17th day of October,2013,by and between FRANK C. BALDWIN, JR., as Trustee of the FRANK C. BALDWIN, JR. TRUST, u/a dated April 15, 1994, of 149 Pine Tree Road, Ithaca, New York 14850, the party of the first part(or,as applicable,the"Trust"),and the TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850, the party of the second part,and Frank C. Baldwin, Jr. and Blythe C. Baldwin also execute this Deed to forever quit claim any interests they may now, here-to-fore, or hereafter have in and to certain below- described lands to the party of the second part and to the Trust. Witnesseth: That the party of the first part, as a gift for public purposes and in consideration of good and valuable consideration received, does hereby grant and release unto the party of the second part,and such party's heirs, successors and assigns forever: ALL THAT TRACT AND PARCEL OF LAND located in the Town of Ithaca, County of Tompkins, and State of New York, being shown as Parcel A upon a survey map entitled "Subdivision Map Showing Lands of the Frank C. Baldwin, Jr. Trust Located at 149 Pine Tree Road, Town of Ithaca, Tompkins County, New York," as dated April 11, 2013 and drawn by T.G. Miller, P.C. (the "Survey"), with such land being also more particularly bounded and/or described as follows: Beginning at a point located in the centerline of Pine Tree Road, which point is also the northwesterly corner of lands now or formerly of Schweikert (850/175); thence running N 83° 06' 59" E a distance of 249.52' to a point demarking the northeasterly corner of lands of said Schweikert, said point being also 0.6'+/- southerly from a found iron pin;thence running N 78° 23' 32" E a distance of 31.14' to a calculated point marked by a pin set with cap, as located near or upon a fence line demarked as located upon Parcel B upon the Survey;thence running S 37° 28' 11" E a distance of 107.22' along or near such fenceline to a calculated point marked by a pin set with cap; thence running 2013-16492 12/17/2013 02:57:16 PM S 21° 14' 11" E a distance of 98.98' along or near such fenceline to a calculated point marked by a pin set with cap,thence running S 05° 19' 46" E a distance of 513.22' along or near such fenceline to a calculated point marked by a pin set with cap,thence running S 82° 24' 34" W a distance of 93.27' to a point, which point marked by a found iron pin, which point also demarks the southeasterly corner of lands now or formerly of Raffensperger (439/1);thence running S 11° 20' 15" E a distance of 305.95' along the easterly lines of lands now or formerly of Fischer(420/359), Macklin(667/237) and Tucker (754/300),to a point marked by a found iron pin, which point also demarks the southeasterly corner of said lands of Tucker;thence running S 12° 50' 49" E a distance of 100.25' along the easterly line of lands now or formerly of Spalding (666/481) to a point marked by a found iron pin, which point also demarks the southeasterly corner of said lands of Spalding; thence running S 12° 02' 15" E a distance of 140.97 along the easterly line of lands now or formerly of Frederick (613/395) to a calculated point, which point is located 0.8'+/- southerly from a found iron pin, and which point demarks the southeasterly corner of said lands of Frederick;thence running N 87° 19' 44" E a distance of 738.75' to a point marked by a found iron pin, which point demarks a southwesterly corner of other lands of the party of the second part (451237-005);thence running N 02° 40' 16" W a distance of 241.35' along the westerly border of said other lands of the party of the second part to a point marked by a found iron pin with cap; thence running N 45° 40' 15" W a distance of 224.77' along such lands of the party of the second part to a point marked by a found iron pin with cap;thence running N 85'45' 13" W a distance of 77.27' along such lands of the party of the second part to a point marked by a found iron pin with cap;thence running N 45° 40' 15" W a distance of 99.76' along such lands of the party of the second part to a point marked by a found iron pin with cap;thence running N 05° 26' 35" W a distance of 77.50' along such lands of the party of the second part to a point marked by a found iron pin with cap; thence running 2013-16492 12/17/2013 02:57:16 PM N 45° 43' 05" W a distance of 989.15' along such lands of the party of the second part to a point marked by a found iron pin with cap;thence running S 83°06' 59" W a distance of 248.88' along such lands of the party of the second part to a calculated point in the centerline of said Pine Tree Road;thence running S 07" 05' 39" E a distance of 50.00' along said centerline of Pine Tree Road to the point and place of beginning, containing in all 14.15 acres to the roadway right-of- way, as shown upon the said Survey. Together with the appurtenances,and all the estate,title,and rights of the party of the first part in and to said premises. Subject to any agreements, easements, and rights-of-way of record, and the rights of the public in and over any public highways as lay within or adjacent to the above-described lands including the following: 1. An Easement granted by Nancy M. Hammond to New York State Gas & Electric ("NYSEG") by instrument dated September 13, 1928, recorded February 11, 1929, in the Tompkins County Clerk's Office in Liber 215 of Deeds at Page 537, insofar as the same may affect the above-described premises; 2. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated August 2, 1946, recorded October 24, 1946, in the Tompkins County Clerk's Office in Liber 293 of Deeds at Page 403, insofar as the same may affect the above-described premises; 3. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated October 13, 1952, recorded December 11, 1952, in the Tompkins County Clerk's Office in Liber 354 of Deeds at Page 504, insofar as the same may affect the above-described premises; 4. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated October 13, 1952, recorded December 11, 1952, in the Tompkins County Clerk's Office in Liber 354 of Deeds at Page 505, insofar as the same may affect the above-described premises; 5. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated November 18, 1952, recorded December 11, 1952, in the Tompkins County Clerk's Office in Liber 354 of Deeds at Page 506, as amended by permit granted by Frank Baldwin, Jr., and Blythe Baldwin to NYSEG dated June 24, 1974, and recorded July 31, 2013-16492 12/17/2013 02:57:16 PM 1974, in the Tompkins County Clerk's office in Liber 528 of Deeds at Page 206, insofar as the same may affect the above-described premises; 6. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated June 1, 1954, recorded June 30, 1954, in the Tompkins County Clerk's Office in Liber 369 of Deeds at Page 10,insofar as the same may affect the above-described premises; 7. An Easement granted by Nancy M. Hammond to Cornell University by agreement dated July 14, 1955, recorded July 15, 1955, in the Tompkins County Clerk's Office in Liber 397 of Deeds at Page 350, as amended by agreement dated March 14, 1966, recorded March 16, 1966 in the Tompkins County Clerk's Office in Liber 461 of Deeds at Page 820,insofar as the same may affect the above-described premises; 8. An Easement granted by Nancy M. Hammond to NYSEG by instrument dated July 27, 1955, recorded October 7, 1955, in the Tompkins County Clerk's Office in Liber 382 of Deeds at Page 307,insofar as the same may affect the above-described premises; 9. An Easement granted by Frank C. Baldwin, Jr., Trustee of the Frank C. Baldwin, Jr. Trust, to NYSEG by instrument dated February 27, 1998, recorded May 29, 1998, in the Tompkins County Clerk's Office in Liber 820 of Deeds at Page 27, insofar as the same may affect the above-described premises. Being a portion of the premises conveyed by Frank C. Baldwin,Jr., and Blythe C. Baldwin to the Frank C. Baldwin, Jr. Trust, by instrument dated January 13, 1995, recorded said same date in the Tompkins County Clerk's Office in Liber 743 of Deeds at Page 107. 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 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;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 purpose. 2013-16492 12/17/2013 02:57:16 PM And further, the party of the second part does accept such land for public purposes; namely, as an open area and nature preserve with walking trails to be managed by said party of the second part pursuant to: (i) a management plan between the Finger Lakes Land Trust, Inc. ("FLLT") and the party of the second part: and (ii) a conservation easement filed immediately prior to this instrument. The party of the second part thus acknowledges that it takes title to these premises subject to each and all terms of such conservation easement dated October 17,2013,by and between said FLLT and the party of the first part. And further, the aforesaid Frank C. Baldwin, Jr., and Blythe C. Baldwin so execute this deed to quit claim any interest they may have in and to such land, and to confirm and quitclaim unto the Trust and the above-named Trustee any interest in other lands now held by the said Trust including, without limitation, the lands described in a certain deed from said Frank C. Baldwin,Jr.,and Blythe C. Baldwin to The Frank C. Baldwin,Jr. Trust, dated January 13,1995,and filed in the Tompkins County Clerk's Office on said same date in Liber 734 of Deeds,page 107,et seq. In Witness Whereof, the party of the first part and the others so-named above have executed this Deed as of the day and year set forth above. In Presence of: Frank C.Baldwin,Jr,as Trustee of the Frank C.Baldwin,Jr.Trust The undersigned, Grantor of the Frank C. Baldwin,Jr. Trust, hereby authorizes, consents, and requests that the Trustee make the conveyances set forth above and hereby ratifies and confirms such conveyances in all respects in full. Frank C.Baldwin,Jr. 2013-16492 12/17/2013 02:57:16 PM The undersigneds hereby join in and quit claim any right, title, claims, or interests in or to the above-described lands and conveyances, and hereby also quitclaim unto the Trustee and the Trust,and re-confirm the conveyance of title to real property held by the Frank C. Baldwin,Jr.Trust,including lands described in a certain deed from said Frank C. Baldwin, Jr., and Blythe C. Baldwin to The Frank C. Baldwin,Jr. Trust, dated January 13, 1995, and filed in the Tompkins County Clerk's Office on said same date in Liber 734 of Deeds,page 107,et seq. Frank C.Baldwin,Jr. r- Blyffiek.Baldwin, State of New York } County of Tompkins } ss.: On the 8th day of November in the year 2013, before me, the undersigned, personally appeared FRANK C. BALDWIN, JR., 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 person upon behalf of which the individual acted,executed the instrument. GUY K.KROGH Notary Public,State of New York Q_uaIMW in tompkins Co. No.496M NMfy Commission Expires June lCiW7 Notary Public State of New York } County of Tompkins } ss.: On the 8th day of November in the year 2013, before me, the undersigned, personally appeared BLYTHE C. BALDWIN,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. GUY K.KROGH Public,State of New York =Non Expir &JNno June 19 ON Notary Public