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WARRUTY DSSD WITH LIEN COVENANT
THIS INDENTURE, made this 9th day of December, 1992,
BETWEEN: COY GLEN ASSOCIATES, INC., a Corporation duly organized
and existing under the Laws of the State of New York with its
principal place of business located at 144 Coy Glen Road, Ithaca,
New York, 14850, party of the first part, and The TOWN OF ITHACA,
126 East Seneca Street, Ithaca, NY 14850, 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, and other good and valuable consideration,
paid by the party of the second part, does hereby grant and
release unto the party of the second part, his heirs, executors,
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successors, distributees and assigns forever,
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ALL THAT TRACT OR PARCEL OF LAND, situate Town of
Ithaca, County of Tompkins, State of New York, being and
intending to be the road and cul-de-sac for the Lots comprising
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the Hackberry Lane Subdivision in said Town and more particularly
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bounded and described as follows:
COMMENCING at a point in the southwesterly street line of
Coy Glen Road, which point is southeasterly along said
southwesterly street line a distance of 528.19 feet from its
intersection with the westerly line of the premises of the
grantor, (651/419); running thence southeasterly and
southwesterly on a radius of 25.00 feet, an arc distance of 39.27
feet to a point; running thence westerly on a radius of 170.00,
feet an arc distance of 156.60 feet to a point; running thence
westerly and northwesterly on a radius of 25.00 feet, an arc
distance of 22.75 feet to a point; running thence in a semi-
circle beginning northwesterly and ending easterly, on a radius
of 50.00 feet, an arc distance of 230.93 feet to a point; running
thence easterly on a radius of 25.00 feet, an arc distance of
16.03 feet to a point; running thence easterly and northeasterly
on a radius of 230 feet, an arc distance of 228.95 feet to a
point; running thence northeasterly and southeasterly on a radius
of 25.00 feet, an arc distance of 39.27 feet to a point in the
southwesterly line of Coy Glen Road; running thence North 39° 10'
56" West along the southwesterly street line of Coy Glen Road a
distance of 111 t feet to the point or place of beginning.
REFERENCE is hereby made to a survey map prepared by George
C. Schlecht, P.E.L.S., dated August 4, 1989 and approved by the
Town of Ithaca Planning Board on August 10, 1989, entitled,
"FINAL ENGINEERING PLAN OF HACKBERRY LANE SUBDIVISION TOWN OF
ITHACA - COUNTY OF TOMPKINS STATE OF NEW YORK", which map was
filed in the Tompkins County Clerk's Office at Drawer 0, at Page
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28-29, and on which survey map the above described premises are
described as "HACKBERRY LANE".
The within deed is not a transfer of all or substantially
all of the assets of the corporation.
To the extent they may affect the above premises, this
conveyance is:
SUBJECT to the restrictive covenants, reservations, terms
and provisions enumerated in a certain deed from Cornell
University to Thomas Richard and Clare Hinrichs, dated September
20, 1984 and recorded September 24, 1984 in Liber 604 of Deeds at
Page 759.
ALSO SUBJECT to the extent that it affects the above
described premises to a Quit Claim Easement from Robert H. Treman
and Laura H. Treman, to the Town of Ithaca, dated October 1, 1936
and recorded December 5, 1936 in Liber 242 of Deeds at Page 391.
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, the heirs, distributees and assigns
forever.
And said party of the first part covenants 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, the party of the first part, in compliance with
Section 13 of Lien Law, covenants that the party of the first
part 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 purppose of paying the cost of the
improvement and will apply tha 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.
The word "party" shall be construed as if it read "parties"
whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of'the first part has duly
executed this deed the day and year first above written.
In Presence of: Coy Glen Associates, Inc.
by, Clare Hinrichs, Pres dent
STATE OF NEW YORR)
COUNTY OF TOMPKINS) ss.%
On this 9th day of December, 1992, before me came, CLARE
HINRICHS, duly sworn, did depose and say that she resides at 144
Coy Glen Road, Ithaca, NY 14850, that she is the President of Coy
Glen Associates, Inc., the corporation described in, and which
executed the above instrument; that she knows the seal of said
corporation; that the seal affixed by order of the Board of
Directors of said corporation and that she signed her name
thereto by like order.
Recording : $16.00
Deed stamps: $ 0.00
Return to:
John C. Barney
315 North Tioga Street
Ithaca, NY 14850
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DEC 10 1992