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Home My WebLink About504846-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 3 Receipt No. 504846 DATE: 03/01 /2007 Time: 03:50 PM Document Type: MISC RECORDS Parties To Transaction: STEIN Deed Information Consideration: Transfer Tax: RETT No: Instrument Number *504846-001* Delivered By: THALER & THALER Return To: THALER & THALER Mortgage Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: County Transfer Tax: Additional Mtge. 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. DO NOT DETACH jta-'�' e V'L--t- Tompkins County Clerk 111111111111111111111111111111111111111111111111111111111111 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made this 1&f-day of 8_L,-, 2007, by Melanie Stein, who is the Trustee of the '5i 74(, , with an address of R' ::4A1`h� i4 4� ) r, ►�Q , Ithaca, New York (hereinafter, "Stein Trust"). WHEREAS, the Stein Trust owns real property more particularly described in the attached Schedule A hereinafter, the "Property" more commonly known as 153 and 153.5 Westview Lane, Town of Ithaca, Tompkins County, New York State, tax parcel number 58-2-39.53; and WHEREAS, the Stein Trust desires to sub -divide the Property into two parcels, each with its own respective dwelling unit; and WHEREAS, the Stein Trust has made application with the Town of Ithaca for subdivision approval; and WHEREAS, as part of its subdivision approval, the Town of Ithaca, is requiring the Stein Trust to place a restrictive covenant on each lot on the Property that runs with the land, which would prohibit more than one dwelling unit to be located on each lot; and WHEREAS, the Stein Trust is in agreement to such restrictive covenant existing for each lot on the Property; and NOW AND THEREFORE, the Stein Trust declares that the Property is held and shall be conveyed and/or sold by it subject to the following covenants, restrictions and conditions which shall run with the land and be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1) No more than one dwelling unit may exist on each lot of the Property; 2) Each lot shall be conveyed and legally described as a freehold estate subject to the terms, conditions, and provisions hereof, 3) The Stein Trust, its successors and assigns, whether or not owning any part of the aforesaid land, shall have the right to alter, modify or annul any of the covenants, restrictions and conditions of this Declaration only with the prior permission of the Town of Ithaca Planning Board, and shall also have the power to assign such right (with or without conveyance of title to any part of the aforesaid land) by instrument in recordable form. In the event that the Stein Trust assigns such right, it shall give the Town of Ithaca Planning Board written notice of such assignment within ten (10) days of said assignment. Should the Stein Trust at any time assign such right, the assignee thereof shall succeed to all of the rights and powers of the Stein Trust hereunder, and shall agree to the restrictions approved by the Town. 4) ENFORCEMENT. This declaration shall be binding, enure to the benefit of, and be enforceable by the Stein Trust, any duly authorized civic organization of the community, any homeowner in the community authorized by the Stein Trust, and/or the Town of Ithaca (whenever used herein, the "Town of Ithaca" shall be a term that includes the said Town's successors and assigns), and shall run with the land and be binding upon and for the benefit of each subsequent grantee of the Property or of either parcel resulting from a subdivision of the Property. The Town Board of the Town of Ithaca further reserves the right to enact any provisions to enforce the provisions of this Declaration by local law, ordinance, resolution or otherwise, but the Town of Ithaca may enforce the provisions of this Declaration at law or equity without such enactment. Furthermore, any costs occasioned by the enforcement of the above covenants, restrictions or conditions shall be charged to the owner of the lot or lots in violation thereof. Enforcement shall be by proceedings at law or equity against any person or persons violating or attempting to violate any covenant, restriction or condition either to restrain violation, obtain injunctive relief, or to recover damages. Furthermore, in any event, the foregoing covenants, restrictions and conditions shall in no manner be construed to hold the Stein Trust legally responsible or liable for the enforcement or non -enforcement of any provisions of the covenants, restrictions and conditions unless violations occur while the Stein Trust owns one or both lots. Furthermore, any party, after receiving consent from the Stein Trust to act under the covenants, restrictions and conditions herein is deemed to do so as a completely independent agent and the Stein Trust shall not be liable or responsible for the performance of that party in connection with the enforcement of any provision of the covenants, restrictions and conditions. 5) EQUITABLE CLAIMS. In the event the Town of Ithaca shall bring any action in equity, the Town shall not be required to (i) post any bond or other undertaking, (ii) show a lack of any legal remedy, or (iii) prove any imminent danger of immediate or irreparable harm. 6) WAIVER: The failure by the Town of Ithaca (or any other person or entity) to enforce any of the restrictions, conditions and covenants herein contained shall in no event be deemed a waiver of the right to enforce any conditions, covenants or restrictions herein contained, nor as a waiver of any past, then present, or future violation or right of enforcement of the conditions, covenants or restrictions herein stated. 7) SAVINGS: If any provision hereof is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. If such reformation is not possible, then such provision shall be severed here from. 8) EXCULPATION: The enforcement of any conditions, covenants or restrictions by the Town of Ithaca shall not give rise to any claim or recovery against the Town of Ithaca; nor shall any enforcement proceeding brought hereunder be or be deemed to disparage any right, interest, or title derived from the Property. 9) ASSIGNMENT: The Town of Ithaca may assign its enforcement powers and other rights herein expressed to any person or entity as now or hereafter permitted by law. IN WITNESS WHEREOF, the Declarant �Ie-let ni e C tc�.,, who is the f F ��s t"t of the STEIN TRUST, has set its seal and affixed its signature the day and year first above written. By: Melanie Stein Its: State of New York ) County of Tompkins ) ss.: On the day of Mpjt,.9 in the year 2007 before me, the undersigned, personally appeared Melanie Stein personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public l' KATRINA A. THALER Notary Public, State cf peel-r York Qualified in Tompkins 0. i '_ , .�'46104M Commission Expires i . , -1000 - - - ------- - 150, IfJ (N� IT ICA \j J1, M Z, CD -Tj 1�1 D ef) V.1 M IS, D > Yj NA \A) k-A N0127 IQ 1. rl fA t-1 �D - _;,. I, k7 It,, T11 Is 14Ill( J') A 04