HomeMy WebLinkAbout080165-001LISR 745 Parr 240 03 ftn h4! +�
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THIS INDENTURE
Made the ,Zt.' day of July, Nineteen Hundred and Ninety-four
BETWEEN
BRENT M. KLOSTER and ANY E. KLOSTER, husband and wife, both
residing at 117 Roat Street, Ithaca, New York, and
RANDY O. WAYNE, residing at 201 Roat Street, Ithaca, New York,
parties of the first part, and
THE TOWN OF ITHACA, a municipal corporation located in
Tompkins County, with offices at 126 East Seneca Street,
Ithaca, New York,
Party 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 remise, release and quitclaim unto the party of the
second part, its successors and assigns forever,
AN EASEMENT FOR DRAINAGE AND WATER DISCHARGE PURPOSES OVER AND
ACROSS ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, bounded and described
as follows:
The premises shown and designated as "ORCHARD STREET
(UNOPENED) - NOT DEDICATED" on a survey map by T.G. Miller, P.C.,
Engineers & Surveyors, dated February 28, 1994, entitled SURVEY
MAP NO. 117 ROAT STREET, TOWN OF ITHACA, TOMPKINS CO., NEW YORK",
a copy of which map is recorded in the Tompkins County Clerk's
Office in Book 723 of Deeds at page 213 and which map is
incorporated herein by reference.
Such easement shall be 20 feet in width as shown on said map
from the southerly line of Roat Street to a point 125 feet distant
southerly thereof, and the full width of such parcel from such
point to the southerly line of the lands of the parties of the
first part.
With the right to enter upon such easement area for the
purpose of maintenance and repair of such drainage way.
Notwithstanding anything herein to the contrary, Brent M.
Kloster and Amy E. Kloster and their heirs, distributees and
assigns shall have the right to maintain the driveway as shown on
said survey map in its present location.
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 the parties of the first part, in compliance with Section
13 of the Lien Law, hereby covenant that the parties 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 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
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u6ER 745 PAGE 241
hereunto set their hands and seals the day and year first above
written.
IM PR=BZCZ OF l�tG 1� ! / t�� �LtiT L.S.
L . S .
L.S.
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On this )J day of July, 1994, before me, the subscriber,
personally appeared BRENT N. KLOSTER and ANY Z. KLOSTER, to me
personally known and known to me to be the same persons described
in and who executed the within Instrument, and they duly and
severally acknowledged to me that they exec ed the same.
Notary Pub ITHAN
J 0. ALBANESE
Notary PuNli70
c.4101" of Now York
01"'Yied in Tompkins County 30, 19�
Commission Lxpires b
STATE OF NEW YORK )
ss:
COUNTY OF TOMPKINS )
on this I r day of PAY, 1994, before me, the subscriber,
personally appeared RANDY O. WAYNZ, to me personally known and
known to me to be the same person described in and who executed the
within instrument, and he duly acknowledged to /mehat he executed
the same.
Notary c
JEFF COLEMAN
%agry Public, State of NewMxk
No.4104067
Qualified in Tompkins Coin)
Commissron E,0106 Jura 30,1
TompkJJins County, ss:
Reoordod on the........... �.5.(.4......... Day
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