HomeMy WebLinkAbout367 12 La France to KrizekLm 3U- ray 12 '
THIS AOR131T, made this I3"4^day of 19% ,
by and between RICHARD P. IA FRANCE and BETTY LOU LA FRkM* �
his wife, both of 24 Boat Street, R.D. #1, Ithaca, Now York,
ANTHONY R. ERrm and EDNA F. ERIZER, his wife, both of 202
Boat Street, R.D. #19 Ithaca, New York, JOHN F. 1D NAM and
r ELIZABETH N. M MUM, his wife, both of 201 Boat Street, R.D,
01, Ithaca, New York, CARLTON E. WRIGHT and LOC3IJZ No WRIGHT,
his wife, both of R.D. #1, Ithaca, Now York, NaRIZ E. PATTERSON
and ELSIE So PATTERSON, his wife, both of Blackstone Avenue,
R.D. #1, Ithaca, New York, NAM L. PAOETT and LOIS B. PAOETT,
SED3 �ICN S'QITS &0nf4 A�RI}h�c * W ; AW-Wh'*.; � � k�
RICHARD A. VORHIS and MARJORIE 0o VORHD, his wife, both of 305
Boat Street, R.D. #1, Ithaca, Now York, JANSS ENIZEt and ANNL=
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EaIZER, his wife, both of Sait.1aa2199.E49,R.D. #1, Ithaca,
Now York, J. STANLEY AHNANN and JUNE V. AHNANN, his wife, both
_ of 112 Blackstone Avenue, R.D. #1, Ithaca, New York, HARRY
POLLARD and HELEN N. POLLARD, his wife, both of 301 Boat Stroot,
R.D. #1, Ithaca, Now York, DWIGHT A. WXWTER and PRI301LU
WEBSTER, his wife, both of 205 Boat Street, R.D. #19 Ithaca,
W[ir�on2! 'Q.0 W
a: a i ba:l etc
eorposa ono �Prid,Ithaca, New York all hereta•
after referred to as parties of the first part, and BOLA Co
BOOTHROYD of 2" Boat Streit, R.Do #1, Ithaca, Now York, herein-
after rsforred to as party of the second part, witnessethe
1— WHEREAS, the party of the second part is the owner of
promises now known as 209 Boat Street, CaMa Heights Nanor,
R.D. #1, Ithaca, New York, which said promises are designated
as 101 Boat Street in a deed to tho party of the second part
from Robert S. Boothroyd and the party of the soeoad part,
dated July 28, 1950, and recorded in Tompkins County Clorkle
Man x swsa
.�+..�.+..... Office in Libor M of Deeds at Pago 125, and
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un 367 n� 18
SAS, the lot as described in the aforesaid dead to the
party of the second partisa large lot, having a depth on
Catherine Street of 424 rest and a width on Roat Street of 300
test, and
XMMEAS, the party of the second part desires to divide the
said lot so as to make a lot fronting on Catherins Street having
a depth of 100 feet from Catherine Street, ant
WBRRSAS, by agreement between Catherine A. Roat and !rank Le
Tyler, et al, recorded in Tompkins County Clerk's Office in Libw,,
I
221 of Deeds at Fags 128, the following provision was containeds
*No lot shall be 000upidd, leased or sold and no sub.divisiom
shall be made of any lot smaller than 100 rest of frontage on a
road or street and 1$0 feet in depth running back from such road
or street", aA
WELVAS, the said agreement also had the following covenant
contained therein: *Any of the provisions of these covenants
running with the land may be waived or modified by written
consent of all of the owners of the promises within this traoti
within 400 feet of the lot to be affected by such cheap or
modifications and
WEEMAS, the premises owned by the party of the second pat%
• as heretofore described are a part of the tract of land covered
by the aforesaid agreement and are affected by the aforesaid
covenants, and
WBRREA3, the parties of the first part altogether are the
owners of all of the premises lying within 4.00 feet of the eaii
let of the party of the second part, a"
''R EREAS, the parties of the first part are desirous of
constntine to a division of the said lot of the party of the
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second part in violation of the aforesaid restrioucuo
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NOW THEREFORE, in consideration of the promises and in
consideration of other good and valuable oonsidsratioa, the k
parties of the first part, each for himeolf and horsolf, and
itself, their heirs, successors or assigns, do hereby oonsenx
that the party of the second part may sell and coney a sootlm
or the lot now owned by the party of the second part and knots
as 209 Roat Street, Cayuga Heights Manor, R.D. il, Ithaca, Not
York and consent that the depth of the said portion to be sold
may be less than 150 foot in depth and further consent that the
promiess to be conveyed by the party of the second part shall
be described as roliowet ALL THAT TRACT OR PARCZL Or LAND,
situate in the Town of Ithaca, County of Tompkins and State of
New York and being a part of Military Lot No. 90 and boing in
Cayuga Heights Manor and bounded and described as followst }
Beginning at a point marked by an iron pipe in the easterly Line
of Blackstone Avonue, formerly known as Catherine Street, which
Bald pipe is 215 test south of the intersection of the easterly
line of Blackstone Avenue and the southerly line of Roat Street
and thence running easterly a distance of 100 test to a pipe set,
5} foot easterly from a 1211 tamaraok tree; thence running southo.,ly
a distance of 21l rest to an old pipe; thence running westerly
a distance of 100 feet to an old pin; thence running northerly
on the easterly bounds of Blackstone Avenue a distance of 209
foot to the point or place of beginning,
Being the southerly portion of premises conveyed to Viola 0.
Soothroyd by Robert S. Soothroyd and Viola C. Boothroyd by do"p
dated July 28, 1950, and recorded in Tompkins County 4lorkes
Office on the Tth day of August, 1950 in Libor 3* of Deeds a`
P*go 31�
1
101
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LWER 367 ma 15
IN WITNESS WHEREOF,
this instrument has been duly executed
the day and year first
above w•ritteng,
La Fran*$
Wi111ess
Richard P.
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Anthony . Kriaek
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COUNTRY CLUB OF ITRACA
Witness to last six signatures
H
STATE OF NW YORK _!i+i1..
COUNTY OF T02PYINS • . ,: L
Cn the 't i Aay of 1954 a ore ne c ms
the subscribing witness to the foregoing
Instrument, to rke personslly known, who, boing bT me dulyworn,
did depose and eay that the following individuals: RICHARD P.
LA PRANCE and BV TY LOU LA r!Axn, both of 2014 Rost Street, R.D.
01, ithaca, Now York; A1,MHONY R. KRIZEK and EDNA F. KRIZEK, both
of 202 Rost Street, R.D. #1, Ithaca, Now York; JOHN F. MC MANM
and ELIZABFTH W. PC MA?MS, both of 201 Rost Street, R.D. #10
Ithaca, New York, CARLTON E. WRIGHT and LUCILLE N. WRIGHT, both of
R.D. #1, Ithaca, New York; VERLE E. PATTERSON and ELSIE S. PATEN,
both of Blackstone Avenue, R.P. 01, Ithaca, New York; RARRY.L.
PAGM and LOIS B. PAGETT both of 307 Roat Street, R.D.#1, Ithaca
3&Ja,VICK SMITH and Sots: of Rost Street,
New York;'RICHARD A. VORRIS and MARJORIE G. VORRIS, both of 305
Rost Street, R.D. ail, Ithaca, New York; JAMES XRI=K and awgn
1 RX=, both of East Leasing Rd„R.D. #1, Ithaca, Now York; J.
STANLEY ARMANN and JUNE V. AHMANN, both of 112 Blackstone Avenue,
K=— J•IMM R.D.f1, Ithaca, New York; HARRY POLLARD and HE= M. POLLARD, both
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VIVA" VM
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of 301 Rost Street, R.D. 01, Ithaca, New York; and DWIGHTT A.
Rnan pRISCIAA *b th
t ace, New Yorit,e fh,zOi��Q4n�S:�.R�aiidl•
I ad x? � jare S�e .
the acme ir. v duels described in and who
executed the foregoing instrument and he knows that they executed
the foregoing Instrument and that the addresses opposite their
reaps tine names are their correct addresses and that
said subscribing witness, was present and
saw each one of the said individuals execute the said agreement
and that ,acting as such wituess,at the some
time subscribed name as witness thereto.
Nf►AtY /. SM1RfY
Neon i'vbl�- �•. of New—
Y� , s. Comfy o ry Publi
STATE OF NEW TORE
COUNTY OP Tompmrs #
On this lgtMay of !larch in the your One thousand
"nine hundred and fifty-four, before mob personally came
AAROLD Le REED to me knowno``who, being by me duly
sworn, did depose and say that he resides in Ithaca, New York,
that he is ?resident of COUNTRY CLUB OF ITFACA,
the corporation described in and which executed the.above
instrument; that he knows the seal of said corporation; that the .
seal affixed to said Instrument to such corporate seal; that it
was so affixed by order of the Board of Directors of said corpora-
tion, and that he signed his name thereto by 111re order.
ary Public
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367
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The annexed A;reement dated February 238 1954, between
RICHARD P. LA FRANCE, at al, parties of the first part, and
VIOL C. bMTHROYD, party of the second part, has been executed
by the owners of property lying within 400 feet of the premises
conveyed by *aid Viola C. Boothroyd to Everett D. Ualtwardt, and
wife, located on Blackstone Avenue, as defined In the Agresomt
between Catharine A. Rost and Frank L. Tyler, at al, recorded in
Libor 221 of Deeds at page 128. '.
There is attached hereto a sketch drawn to Ow aside or
1 inch equalling 100 feet which shows the properties lying withnt
400 feet of each corner of the premises conveyed by Boothroyd to
Markxardt. In view of the fact that the portion retained by Mrs.
Boothroyd complies with the restrictions, it was necessary to
obtain Waivers of those owners only who own property within 400
feet of the )larkwardt Lot. The attached sketch shows 4 —M,
each scaled 400 feet from each corner of the Markwardt Lot. It
was nor, necessary to show the entire premises to the south(the
Country Club, formerly Tyler property) since the Country Club
premises extend more than 400 feet southerly from the Markwardt
Lot.
Dateds April 19, 1954. ^~ems
STAT& OF NEW YORK
CCOM'f7f OF TOYPEI]Os
On this loth day of April, Nineteen Hundred and Fifty-
four, before me personally came
JAMS V. BUMCOLS
1*
to me known and known to me to be the same person described in
and who executed the within instrument and he duly acknowledged
to me that he executed the same• .
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