HomeMy WebLinkAbout112 Buttermilk Falls W mentions abandonmentTompkins County Clerk Recording Page
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ENV Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
607) 274-5431
Document Type: DEED
Grantor (Party 1)
KADAR, JOHN A
Fees
Recording Fee
Pages Fee
State Surcharge
TP-584 Form Fee
RP-5217 Form Fee
State Transfer Tax
County Transfer Tax
Totai Fees Paid:
C 021141201304 42:51 PM 20,00 25.
00 20.
00 5.
00 125M
1,300M
650.
00 145.
00 State
of New
York County of Tompkms
Receipt Number: 13-
17805 Grantee (Party 2)
BEEMAN, CAROLYN 3
Transfer Amit: $325,
000.00 Instrtjment # 2013-02184
T.r..ansfer
Tax #: 1001046 Property located in
Town of Ithaca Recorded on February
14th, 2013 at 4:42:50 PM with a total page
count of 5. Pumpkins Count), Cl,
erk
2013-02184 02/14/2013 04:42:50 PM
HOLI.MBERG. GALBRArtH.
VAN MOUTEN 6 MILLER
ATTORNEYS ANO
COUNSELORS At LAW
2OD EAST BUFFALO ST. ''.,..
SURE S02 ''...
1 A. NEW YORR 1bl1
WARRANTY DEED WITH LIEN COVENANT
THIS INDENTURE, made the 8 h day of February, 2013.
Between JOHN A. KADAR and EVA KADAR, 112 W. Buttermilk Falls Road, Ithaca,
New York 14850, parties of the first part, and
CAROLYN J. BEEMAN and DONALD R. JONES, 1524 Pinecrest Drive, Ferndale, MI
48220, husband and wife as tenants by the entirety, parties of the second part
WITNESSETH, that the parties of the first part, in consideration of One Dollar ($1.00)
lawful money of the United States, and other good and valuable consideration, paid by the party
of the second part, do hereby grant and release unto the parties of the second part, the survivor,
his/her heirs, distributees and assigns forever,
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, on Military Lot 82, more particularly bounded and described
as follows:
BEGINNING in the center line of Buttermilk Falls Road West 230 feet more or less
northwesterly along said center line from its intersection with the center line of NYS Route 13,
being at the southwest corner of premises conveyed to Powers (792/11); thence North 52' 18'
03" West along the center line of Buttermilk Falls Road West a total distance of 349.31 feet to
an old nail found; thence North 390 15' 3311 East a distance of 278.84 feet to an iron pin; thence
on a curve to the left having a radius of 1,315.74 feet and a chord course of South 42° 23' 05"
East along an old railroad fence marking the westerly line of a railroad right of way as it curves
339.00 feet, a total chord distance of 338.06 feet to a point marked by a pipe; thence South 35°
26' 14" West passing a pipe at about 193.89 feet, a total distance of 220.69 feet to a point in the
center line of Buttermilk Falls Road West, and which point is the point or place of beginning,
containing 1.691 acres net to road right-of-way.
SUBJECT TO the following insofar as they now affect the above -described premises:
1. Existing rights of the public in, over and across that portion of the above -
described premises lying within the bounds of the public highway.
2. A right of way for pole lines and appurtenances granted to New York State
Electric & Gas Corporation by instrument dated September 30, 1924, and recorded in the
Tompkins County Clerk's Office in Book 6 of Miscellaneous Records at Page 11.
3. A right of way for a gas pipe line in and along Buttermilk Falls Road West,
including service lines to the dwelling presently located on the above -described premises, which
right of way was recorded in the Tompkins County Clerk's Office in Liber 404 of Deeds at Page
7.
2013-02184 02114/2013 04:42:50 PM
HOLMBERG. GALBRAITH,
VAN HOVTEN B MILLER
ATTOMMEYS AMO
GOUMSELORS AT LAW
200 EAST SUFFAIA ST.
SUITE 502
TMACA. NSW r -5,4s-
4. A right of way for overhead telephone and electric service along Buttermilk Falls
Road West and serving the property known as No. 112 Buttermilk Falls Road West as shown on
the survey referred to above.
5. A right of way, to the extent the same still is valid, for the benefit of A. James Hall and
Emilie T. Hall; to last only so long as they or their immediate family own the parcels conveyed
to A. James Hall and Emilie T. Hall, by deed of Phyllis McMillan dated May 31, 1949, recorded
in Book 321 of Deeds at Page 162, lying north of the railroad property immediately north of the
premises being conveyed by this deed, all as more particularly reserved in a deed from A. James
Hall and Emilie T. Hall to J. Richard Gallagher and Ruth M. Gallagher dated August 0, 1969,
recorded in the Tompkins County Clerk's Office in Book 483 of Deeds at Page 292. The recital
of this right of way is in no way intended to revive same if it has expired by its terms as set forth
in said deed from hall to Gallagher.
6. A right of way over Buttermilk Falls Road West and the abandoned portion of same for
the benefit of lands now or formerly of Reuning as reserved in the deed from Sanford H.
Reuning and Joan G. Reuning to Roger H. Perry and L. Anthony Speno dated July 10, 1981,
recorded in the Tompkins County Clerk's Office in Book 584 of Deeds at Page 241.
TOGETHER WITH any right, title and interest in the strip of land between the westerly line of
the railroad right of way which is the easterly line of the within described premises, and the
center line of said railroad right of way (which center line is the purported boundary line
between the Town and the City of Ithaca).
Said premises are described in a survey map entitled "SURVEY MAP NO. 112 BUTTERMILK
FALLS ROAD — WEST, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK,"
prepared by T.G. Miller, P.C., Engineers & Surveyors dated September 5, 2007, a copy of which
map is attached hereto and made a part hereof.
BEING the same premises conveyed to the grantors herein by deed of Roger H. Perry, L.
Anthony Speno and Mary Anne Kiernan by Warranty Deed dated November 23, 1992 and
recorded in the Tompkins County Clerk's Office on that date in Liber 689 of Deeds, Page 203.
TOGETHER with the appurtenances and all the estate and rights of the parties of the
first part in and to said premises,
TO HAVE AND TO HOLD the premises granted unto the parties of the second part, the
survivor, his/her heirs, distributees and assigns forever.
AND said parties of the first part covenant as follows:
FIRST, That the parties of the second part shall quietly enjoy the said premises;
2013-02184 02/14/2013 04:42:50 PM
ti
HOLMBERG, GALBRArtH.
VAN HOUTEN 6 MtLLER
ATTORNEYS AND
COUNSELORS AT LAW
ZW EAST BUFFALO ST
SUITE 502
iTNAC0. NEW YORR'4 S-SSS
SECOND, That said parties of the first part will forever WARRANT the title to said
premises.
THIRD, That, in Compliance with Sec. 13 of the Lien Law, the grantor(s) will receive
the 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 parties of the first part have hereunto set their hands and
seals the day and year above written.
IN PRESENCE OF
JOHN A. R
1
EVA KADAR
STATE OF NEW YORK
COUNTY OF TOMPKINS: SS.:
On the 8 h day of February, in the year 2013, before me, the undersigned, personally
appeared JOHN A. KADAR and EVA KADAR, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their capacities, and
that by their signatures on the instrument, the individuals or the person upon behalf of which
the individuals acted, executed the ins ment.
Notary Public
Town of Ithaca
Tax Parcel No. 31: 2-9.1
rr• .. 'rt ai Ptr•York
2013-02184 02114/2013 04:42,50 PM
Il ENTITLED 'NO, 112 EtVMRMILK FAIJL'S R&W - WEST"
AI.
DATED 6/r"2 6/1981 REV. 7 I981 BY CLRENCE BRASnEAR, 1.5.
2.) ENTITLED 'SURVEY F6kR N' D. POWERS' DATED JIB( EXrS we PRcN Pori
JULY 1990 BY GEORGE SCKECHT; L.S. SET IRON PIN
Zt CALCULATED POINT '
UTILITY POLE'
I-- — REkWNS FENCE h HEDGE
CONCRETE
UNDERPASS
or
56
oia
JOHN A. EWA KADAR
x o
a3c
PIN fWD, ELK. 659 PAGE 203 IN CONC,
R '
TAX MAP PARCEL NO, 31-2 9.1
AREA = 1.691 ACRES NET TO RD. R1W.
PI GR.AV. — --
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DECK
2 LA"D
rI
GRAVEL
PARKING FNDUSEI
nND 11 a t
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P CONC,
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APPROX,
LOCATION
SEWER LATERAL x
OLD NAIL )
FOUND ` PRE'$..
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BUrr
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Ij
HIGHWAY AND UTILITY R.O.WS' air 1:r
NOTES"
PROPERTY LINEESTASLISHED IN ACCORDANCE 1NE
ErC, SHOWN ON MAP REFERENCE 1, NOTE VJO MAP
DOES UND 1
RilAuN3 NAl1 S'T"
I. MATHEMATICALLYCLOSE, OF SPRUCE EL)CNAIL ESHOWNJOHN
KADAR & EVA KADAR AS FAST nTL£ LINE ONN SAO MAP. MONROE
TITLE INSURANCE CORPORATION CERTIFICATION
HARRIS BEACH, PLLC I
hereby certify to TOMPKINS
TRUST COMPANY, its successors and/or assigns, that
I am a licensed land surveyor, New York State License No.
050096, and that this mop correctly delineates can actual survey
or' the ground made by me or under my direct supervisim and
that I Pound no VlsVc encroachments either way across
property Imes except as shown hereon. SiGNkO:
i r x DATED: T.
G. OLLER P.C. ENGINEERS
AND SURVEYORS 3
NORTH AURORA STREET ML4CA.
NEW YORK 14650 ML (
607) 2-n-64TT TITLE:
UU10041EV,
NO.
112 BUTTERMILK FAU S ROAD — WEST TOWN
OF ITHACA, TOM4PKINS CCOUN Y, NEW YORK 9/
05/2007 scAw :
SOiSA9
1 "= 60, covet
0aw 0r Hm"o TO SE wr war CTAN
HaseMKMCAI[ InW
eA=704 H 1
AK wus fee Im U#P rA0 cents
crr smwwprravenar asrrV40qua wr r "f11ewOwsA' m A,
NO
FORM 580.< N. Y. 0990—•ANNAM M0 UM C. ,A TUMANN "W4.4"D V. ft' .KV
inIbbys"rp..pumah . A 14ma
r
Qt* fttbjtnjjtr 333.5
DER 483 WE 292
rllade the 20th day of August
Nineteen Hundre4 and Sixty -Nine
MOM A. JAMES HALL and EMMIE T. HALL, husband and wife, both of
112 Buttermilk Falls Road, Town of Ithaca, Tompkins County,
New York, Individually and ae Tenants by the Entirety,
j
part Les of the flrat part, and
J. RICHARD GALLAGHER and RUTH M. GALLAGHER, husband and wife
both of 122 Randolph Road , Cayuga Heights, Tompkins County
New York, as tenants by the entirety,
part Les of the second part, '
UI tirrr494thatthepartiesofthe/lrst part, in consideration of ONE - - - - - - -- - --
Dollar (d--- 1.00---) lawful
money of the United States, and other good and sufficient consideration paid
by the parties. of the second part, do hereby @rant and release unto the parties
of the second parl.the survivor, his,her -or their distributees, heirs and
assigns forever, all THAT TRACT OR PARCEL OF LAND- situate in the Town of Ithaca,
County of Tompkins and State of Now York, on Military Lot 82 and bounded and
described as follows: BEGINNING in the center line of Buttermilk Falls Road west
110 feet northwesterly along said center line from its intersection with the east line
of Military Lot 82, being at the southwest corner of a parcel conveyed to David
Powers, Jr. by Mary E. Bum, Ex. U/W Hugh T. Burtt by deed dated June 10, 1938
and recoled July 18, 1941 in Liber 261 of Deeds at page 102 and by Phyllis McMW"
May 31, 1949 and recorded June 1, 1949 in Liber 3Zl of Deeds at pago 186;
running thence northwesterly along the center line of said highway about 8 chains
and thence curving to the west along the said center line about 1 chain to the
center line of the former iron bridge over Cayuga Inlet (now removed) just below northerly)
from the confluence of Cayuga Inlet and Buttermilk Creek; thence northerly along
the center line of Cayuga Inlet as it winds and turns about 13 chains and thence
northeasterly along said center line about 11 chains to the west line of the. Lehigh
Valley ad right of way (earlier of the Delaware Lackawana and Western Railroad
andl rof the Cayuga and Susquehanna RailrodcQ, running thence on a curve
to the left southerly and southeasterly along the westerly line of said railroad right
of way, about 25 chains to an iron pipe at its intersection with the east line of
Military Lot 62 at the northernmost corner of said Powers parcel; running thence southwesterly
along tite re rtlw estlyline of said David S. Powers, Jr. property, at 193.5 feet crossing i pipe in p%ortherly line of said Buttermilk Falls Road - West a
total distance of 218.5 feet to the point or place of beginning. The northwest line
of said David S. Powers. Jr. property is shown on the "MAP OF POWERS PRO- PERTY
NEAR BUTTERMILK FALLS STATE PARK IN TOWN OF ITHACA, N.Y. - by Carl Crandall,
C.E. , dated March 19, 1954 and attached to the Powers deed recorded November
2, 1955 in Liber 383 of Deeds at pa a 5dd It
is the intention hereof to described all that/premises conveyed to A. James Hall and
Emilie T. Hall, the grantors herein, by Phyllis McMillan by two warranty deeds: 1)
dated May 31, 1949 and recorded June 1, 1949 in Liber 321 of Deeds at page 159, and (
2) dated May 31, 1949 and recorded June 1, 1949 In Liber 321 of Deeds at page 162,
as lies westerly and southwesterly from the said railroad right of way. TOGETHER
with any right, title and interest of the grantors herein by way of reversio or
otherwise, in the strip of land between said westerly and southwesterly line of the
railroad right of way and the center Tina thereof (which is the southerly line of the
City of Ithaca) . The
dw elling on the above described premises is known as No. 112 Buttermilk Falls Road -
West./containing Be 2 acres of land, be the same more or less. Said
parcel
in
e
RESERVING to the grantors herein and their successors in interest of the remaining
portion of the lands so conveyed to them by Phyllis McMillan on Military Lot 82
in the then Town of Ithaca, a right of way for utilities, vehicles and pedestrians,
over and along the existing driveway running from said Buttermilk Falls Road - west
about 4 chains westerly from the east line of Military Lot 82, in a northeasterly
direction to and through an underpass under said railroad track located about 2 chains
westerly along the center line of said railroad from its intersection to the east line
ff a' t su h h of to be solely f? conservation and a4ric It a1 pur
ho ong d'ro8¢e grantors or Their survivor or their irtmeciiae fainiiy
SUBJECT TO FFFIII E LL WWWINNNGPinsofffar as they now affect the above described
promises:
1) Existing and public rights within said highway;
2) A right of way for electric lines, etc„ along said road.
3) A right of.way for a gas pipe line, etc, in and along said Buttermilk Falls Road -
VOst and service line to the dwelling e tie', yen escribed premises, granted to
New York State Electric & Gas Corpora cin_ ep ember 14, 1957 and recorded
February 7, 1958 in Libor 404 of Deeds at page 7.
IBIR 483 rat 293
I
V*grt* with the appurtenances and all the estate and rights of the part tea
of thefirst part in and to said premises, iafa
4m sob to 4olb the,p remises herain Qrantod unto the part tea of the second
part, the survivor, his,her or their distributees, heirs qnd assigns forever, 4'
said parties of the first part covenant
as follows iraiYThat
the portico , of the second part shall gviatly ark joy the said prwemises,r ' Ei6riollb, That
said parties of the first part will forever
11srrrnt the title to said premises. ifh irb.
That, in Compliance with Sec. IJ of the Liars Law, the grantors, utu tace ve
the oonsfderation for this conveyance and will hold the right to roceioe 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 cast of the improvement before
using any part of the total of the same foranyother purpose. It 'arras
94trtof, the parties o e "
part have
hands and
seats the day and year first aboi Iti restate
of REAL ESTATEVATE
OF * TRANSIfR TAX NEW
YORK * t lrxttlom A'
32241 6 6. 0 a t t fma to
r}, ink A. hereunto rot their
t b df
Nt o Vorkt OWN On this 2fith
day of August g of otnpktna
Nineteen idundrod and, Xixty-Nins before ma, the
subscriber, personally appeared s„ A,, James
Hail and Emilie T. Hall, r" to ens
pe'
rronally known and awn tome to be the same person a described in and who `oxocuW the
within Instrument, and t hey ae"rallY & dt+, l6knowledged to me that
t hay exacuted the same'.LAM aa i •
690 ; anw
is
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