HomeMy WebLinkAbout054609-001US 6-27 Pay. A9
WARRANTY DEED
WITH LIEN COVENANT
r'38
THIS INDENTURE made the a°) day of dirge, 1987
• Between: DOUGLAS H. ARMSTRONG and LUCIA L. ARMSTRONG,
husband and wife, individually and as tenants
by the entirety, both of 121 Honness Lane,
Ithaca, New York, 14850,
parties of the first part
and TOWN OF ITHACA, a municipal corporation with
offices at 126 East Seneca Street, Ithaca,
New York, 14850
party of the second part,
WITNESSETH, that the parties of the first part, in
consideration of One and 00/100 Dollar ($1.00), lawful money of
the United States, and other good and valuable consideration,
paid by the parties of the second part, does hereby grant and
release unto the party of the second part, its successors and
assigns forever,
Town aca
All rights in and to an easement over a stripf ofh land on
property formerly of Richard K. Blatchley and wife, which
easement was granted by deed of Eleanor Foster Randles to.
Douglas H. Armstrong and Lucia L. Armstrong by deed dated
August 2, 1973, recorded in the Tompkins County Clerk's
Office August 2, 1973 in Book 509 of Deeds at Page 566 and
which easement strip now crosses premises that have been
conveyed to the Town of Ithaca as road purposes. In said
• Randles deed the strip of land over which said easement ran
was described as "lying easterly of the conveyed premises,
25 feet deep, the westerly line of which begins at the
southeast corner of the conveyed premises and runs along the
easterly bounds of the conveyed premises to a point opposite
the northeast corner of a garage building on the conveyed
premises; such easement being for the sole purpose of
allowing access to the second floor of the garage on the
conveyed premises but subject to the restriction that the
owners of the conveyed premises will not construct a
driveway on said strip of land."
It is the intention of this deed to surrender and eliminate
any rights of the grantors to exercise said easement rights
and the same shall terminate. Grantors and grantee
understand, however, that grantors shall continue to have
the rights that any property owner adjacent to a public
highway would have with respect to access over said public
highway to property owned by the grantors.
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 herein granted unto the
party of the second part, its successors and assigns forever.
AND said parties of the first part covenant as follows:
FIRST: That the party of the second part shall quietly
enjoy the said premises.
SECOND: That said parties of the first part will forever
warrant the title to said premises.
THIRD: That, in Compliance with Section 13 of the Lien Law,
the grantor 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
to 627 pa VO .
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 first above
written.
STATE OF NEW YORK )
COUNTY OF TOMPKINS)ss'=
On this Qq-% day, of aftw—_, 1987 before me the subscribers
personally appeared DOUGLAS H. ARMSTRONG and LUCIA L. ARMSTRONG,
to me known and known to me to be the same persons described in
and who executed the within instrument and they severally
acknowledged to me that they executed the same.
Notary Public
ttcu► swum°Eatwt
Now P NO.47373u
o ��pQualNhd i^fix b��
. �ommlaro^ ExPirM
REAL ESTP.TE
JU N 1 1 1987
TRP,NSFER TAX
TC V PKINS
l' )'JNTY
Tompkins County, 33:
Reorded th, .....��f�........`(,.��Y.,,
in 7 1.95o'c1oc�... M. ......../
at page ....... .............. and cxaminod.
✓'�Fj7,t: �•� i C lark
•
0