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TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: DEED Receipt Number: 13-48733
Grantor(Party 1) Grantee (Party 2)
COMMONLAND CRESCENT DEVELOPMENT TOWN OF ITHACA
CORP
Fees Transfer Amt: $0.00
Recording Fee $20.00 Instrument #: 2013-16809
Pages Fee $30.00
State Surcharge $20.00 Transfer Tax #: 000915
TP-584 Form Fee $5.00
RP-5217 Form Fee $250.00 Property located in Town of Ithaca
Total Fees Paid: $325.00
State of New York
County of Tompkins
Recorded on December 23rd, 2013 at 3:17:58 PM
with a total page count of 6.
Tompkins County Clerk
C 12/23/2013 03:17:59 PM
2013-16809 12/23/2013 03:17:58 PM
Warranty Deed and Title Affidavit / I _jd
jh
THIS INDENTURE, is made this), day of December, 2013, by and between
COMMONLAND CRESCENT DEVELOPMENT CORPORATION, a corporation organized under
the laws of the State of New York and having had or having offices at 1459 Slaterville Road, Ithaca,
New York, 14850, the "party of the first part", and the
TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, with offices at
320 North Tioga Street, Ithaca, New York 14850, the "party of the second part".
WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollar ($1.00)
lawful money of the United States, paid by the party of the second part, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by the party of the first
part and 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 THOSE TRACTS AND PARCELS OF LAND situate in the Town of Ithaca, County of
Tompkins, and State of New York, each as more particularly bounded and described as follows:
PARCEL I -Dedication and Re-Dedication of "Penny Lane (North End)"
BEGINNING at the most easterly corner of premises of the party of the first part (627/850), said
point being also the most northerly corner of Cluster "G" of the Commonland Community, as shown
upon a map entitled "Plan of Lands Known as THE CRESCENT," last updated and reviewed
12/10/87 by Hunt Engineers, P.C., which map is on file at the Tompkins County Clerk's Office at
Map Box XII, 99 (and at XII, 99) (the "Survey Map"), and thence proceeding westerly along a line
South 62° 26' 35" West, said line being the northwesterly line of said Cluster "G", to a point where
such boundary line intersects the southwesterly boundary of the highway right-of-way area of Penny
Lane as shown upon the Survey Map, such point being located a tie distance of 695.57' from the
westerly line of Lois Lane and being also the northeasterly corner of Lot #100 -- such point also being
the true point and place of beginning:
Thence northwesterly along a curve to the left with radius of 1,370' an arc distance of 422.67' along
the northeasterly property lines of Lots #100 through 106, inclusively, and through part of Lot #107,
to a point of curvature that begins the cul-de-sac as shown upon the Survey Map, said arc, point and
cul-de-sac also being further shown upon a map entitled "Map of Penny Lane (North End) in the
Commonland Community Development," dated 8/28/84, as drawn by Hunt Engineers, P.C., and
filed in the Tompkins County Clerk's Office at Map Box X, N (Instr. #BF032765-001) (the "Road
Survey Map"), said course also being more particularly described in a deed from House Craft
Builders, Inc. to the Town of Ithaca dated June 9, 2008, which deed is filed in the Tompkins County
Clerk's Office as Instrument #527906-001 (the "House Craft Deed"), and being a portion or segment
of an arc described in the fourth course of Parcel I, therein; thence proceeding
Along a curve to the left having a chord direction of North 77° 48' 24" West, a chord distance of
17.73', a radius of 20.00' and an arc length of 18.37' to a point of curvature; thence proceeding
Along a curve to the right around a cul-de-sac an arc length of 295.95' to a point of curvature, said
cul-de-sac having a radius of 60.00, the center point thereof being marked by a iron rod with survey
cap and being located along a tie line running South 13° 32' 20" West from the westerly corner of
premises now or formerly of Clausen (493/437); thence proceeding
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Along a curve to the left having a chord direction of South 26° 32' 38" East, a chord distance of 16.93',
a radius'of 20.00' and an arc length of 17.48' to a point of curvature; thence proceeding
Partially along a curve to the right, being a segment of an arc measured by a chord with a direction of
South 41* 20' 11" East, a chord distance of 508.64', a radius of 1,430.00' and an arc length of 511.36',
passing through a iron rod with survey cap at 150.00', to the point where such curve meets the
boundary line of said Cluster "G" as shown upon the Survey Map, and such arc is also further
described in the House Craft Deed and shown upon the Road Survey Map; thence proceeding
South 62° 26' 03" West 60.38', more or less, to the point and place of beginning, being commonly
known as the northerly sections and cul-de-sac of the so-called "Penny Lane (North End)", as shown
upon the Survey Map and the Road Survey Map.
This portion of Penny Lane was previously conveyed to the Town of Ithaca by the House Craft Deed,
but unlike other Commonland Community deeds, House Craft Builders, Inc. ("House Craft") did not
reserve such roadway when it transferred lands to the party of the first part (627/850), and thus a
portion of said Penny Lane (North End), as described above, was not owned by House Craft at the
time of such conveyance and deed of correction, but was instead owned by the party of the first part.
Therefore, this deed is submitted by the party of the first part to correct such error and oversight, and
the following facts and title clarifications are hereby affirmed:
1. Commonland Crescent Development Corporation ("Crescent") is a now dissolved
corporation, and the party signing below was its President, and the sole Shareholder and Director
thereof.
2. Cresent delivered a prior signed deed dedicating Penny Lane (North End), the cul-de-sac, and
the so-called Penny Lane Extension (said Extension being more particularly described in Parcel II,
below) to the Town of Ithaca, but such deed was never recorded and it is believed that such deed
is forever lost. The lands dedicated for Penny Lane (North End) are more particularly shown
upon the Road Survey Map, the lands dedicated for the cul-de-sac are more particularly shown
upon both the Survey Map and the Road Survey Map, and the lands dedicated for the Penny Lane
Extension are more particularly shown upon the Survey Map.
3. The Shareholders and Directors of Crescent duly authorized the transfer and dedication of
such roadways, and such lands were the sole remaining assets of Crescent. As President of the
corporation, the undersigned was duly authorized to finalize all proceedings and attend to the
winding down of the corporation and its business.
4. The dissolution plan of Crescent thus recites that all properties and assets of the corporation
had been divested. Such statement was made in the dissolution of the corporation as it was
believed that the lands described in this Deed had already been dedicated and such proffered
deed of dedication duly recorded.
5. Further, those transfers of lands and dedications of such roadways were made in the regular
and ordinary course of business of Crescent as a realty and residential developer. Thus, by signing
this Deed I am affirming a prior authorized conveyance and dedication of such roadways in fee to
the Town of Ithaca.
6. I am thus submitting this title affidavit as part of this Deed to clarify the record and affirm that
the portion of the roadway above as shown upon the Survey Map (and in the Road Survey Map)
is the same roadway as purportedly dedicated by House Craft through the House Craft Deed, and
that it was at all times the intention of both House Craft and Crescent to dedicate Penny Lane
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(North End) and the Penny Lane Extension (as described in Parcel II, below) to the Town of
Ithaca.
7. Pursuant to New York State Business Corporation Law § 909, the President of Crescent, being
also its sole Shareholder and Director, hereby warrants, represents, and states that the real
property affected by this instrument and the transfer and dedication of the same were made in the
usual and regular course of the business of the corporation, and that the Shareholders and
Directors have duly authorized the disposition and transfer of such properties to the Town of
Ithaca.
PARCEL II- Dedication and Re-Dedication of the "Penny Lane Extension"
BEGINNING at a point in the cul-de-sac described in Parcel I, above, which point is marked by a
survey pin as located at the most northerly corner of Lot # 108 and which point is located an arc
length of 45.86 feet along the curve of the arc of the cul-de-sac described in the third course of Parcel
I, above; and thence proceeding
South 59° 40' 07" West a distance of 113.19' to a point in the northerly line of said Lot # 108 marked
by a survey pin, as shown upon the Survey Map; and thence proceeding
Along a curve to the right along an arc with a radius of 170.00' an arc distance of 242.49' along the
northerly and easterly boundary lines of Lots ##108 through 112, inclusive, to a point marked by a
survey pin in the northwesterly corner of Lot #112 as shown upon the Survey Map (no chord or tie
dimensions are given upon the Survey Map); and thence proceeding
Along a continuing curve to the right along the northeasterly boundary lines of Lots ## 113 through
115, inclusive, an arc distance of 120.26' to a point in the northerly corner of Lot #115 as shown upon
the Survey Map (no chord, tie dimensions, or arc radius is given upon the Survey Map); and thence
proceeding
North 21° 19' 53" West a distance of 142.33' (and passing through a set survey pin at 25.08') along the
northeasterly boundary lines of Lots #116 and #117 to a point marked by a set pin in the
northeasterly corner of Lot #117, said point also being located upon the westerly boundary of lands
formerly of the party of the first part (627/850); thence proceeding
North 62' 58' 37" East along such westerly boundary a distance of 38.64' to a point marked by an iron
pin, which point is also the southwesterly corner of lands now or formerly of Clausen (443/437);
thence proceeding
South 39° 03' 30" East a distance of 247.69' along the southwesterly line of lands of said Clausen
(443/437) to a point at the southerly corner of said lands of Clausen, which point is also located upon
the arc of a highway line located 60' perpendicular from the arc described in course two above, and
which point is located directly across the roadway dedication area from Lot #110, as shown upon
said Survey Map; and thence continuing
Northeasterly along a curve to the left, which curve is approximately 60' northerly and then
northwesterly from the arc and curve described in course two above, and continuing to a point
located at or near the end of such arc located perpendicular to the survey pin described at the end of
the first course above as located in the northwesterly lot line of Lot#108; and thence proceeding
North 59' 40' 07" East a distance of 113.19', more or less, along a line located northerly 60' from and
parallel to the first course described above, and terminating in the afore-described cul-de-sac at the
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end of Penny Lane (North End) as described in Parcel I, above, and as shown upon the Survey Map;
and thence proceeding
Southerly and Southeasterly along a curve to the left along the arc of said cul-de-sac, to the point and
place of beginning, describing in all a parcel of land upon which is situate the so-called Penny Lane
Extension, as shown upon the Survey Map.
SUBJECT TO an easement for an underground sewer collector pipe line, more particularly described
in the original deeds for these same premises, and further subject to any easements for water lines
and other easements and rights-of-way affecting the premises, including the following insofar as they
may affect the above-described premises:
1. An easement granted to New York Telephone Company, recorded in the Office of the
Tompkins County Clerk at Liber 174 of Deeds at Page 643;
2. An easement granted to New York State Electric & Gas Corporation, recorded in said Clerk's
Office in Liber 6 of Miscellaneous Records at Page 29;
3. Rights of the general public in and to that portion of the premises contained within the right of
way of Slaterville Road, New York State Route 79;
4. An easement granted to New York State Electric & Gas Corporation recorded in said Clerk's
Office in Liber 313 of Deeds at Page 34;
5. An easement for the construction, operation and maintenance of a gas pipeline granted to New
York State Electric & Gas Corporation and recorded in said Clerk's Office at Liber 374 of Deeds at
Page 445;
6. A right of way for the ingress and egress granted to the City of Ithaca from Slaterville Road to
its watershed property to the south of the subject premises, as described in a deed to the City of
Ithaca and recorded in said Clerk's Office at Liber 598 of Deeds at Page 634.
7. A right of way and easement for the installation and maintenance of certain utility lines
granted to New York State Electric & Gas Corporation, New York Telephone Company and
American Television and Communication Corporation by House Craft Builder, Inc. as described in
an instrument dated May 27, 1983 and recorded August 12, 1983 in the Office of the Tompkins
County Clerk's in Liber 596 of Deeds at Page 322.
The conveyance of the said lands and roadways described as Parcel I and Parcel II above is made
pursuant to and in furtherance of an improved and filed subdivision plat entitled "Commonland
Community Development" as filed in the Tompkins County Clerk's Office.
The individual executing this Deed for the party of the first part was the President and sole Director
and Shareholder of such corporation. Pursuant to New York State Business Corporation Law §909,
such sole Shareholder and Director hereby warrants, represents, and states that the dedication of
property affected by the within instrument was made in the usual and regular course of the business
of the corporation, and that the Shareholders and Directors had duly authorized the disposition and
transfer of such properties to the Town of Ithaca. All of the aforesaid affirmations made as a title
clarification after and pertaining to Parcel I, above, are hereby reaffirmed as to Parcel II as well.
TOGETHER WITH the appurtenances and all the estate and rights of the party of the first part in
and to said premises.
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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 FURTHER 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.
THIRD, that in compliance with Sec. 13 of the Lien Law the grantors 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.
IN WITNESS WHEREOF, the party of the first part has hereunto set its hand and seal the day and
year first above written.
In Presence of
Commonland Crescent Development Corporation
B C/
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Jerold heAurd, resident
State of C ll�° «t A }
County of (P'(� ss:
On the Z 6, day of N#'fie✓ in the year 2013, before me, the undersigned, personally
appeared JEROLD WESIBURD, 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.
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COLLIN BECKER� Notary Public
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NOTARY PUBLIC-CALIFORNIA m
ALAMEDA COUNTY
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