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01304
lI6(R 746 PAGE 78
r WARRANTY DEED
WITH LIEN COVENANT
THIS INDENTURE made this e2 day of 6 4ttnA, , 1994,
BETWEEN: HOSPICARE FOUNDATION, INC., of 301 Harris B. Dates Drive, Ithaca, New
York, 14850,
party of the first part,
and TOWN OF ITHACA, a municipal corporation, having its principal place of
business at 126 East Seneca Street, Ithaca, New York, 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, its
successors and assigns forever,
i
A permanent right of way and casement 20 feet in width to enter upon, install, construct,
operate, maintain, repair, and replace a water distribution pipe line and related facilities
or any other municipal facilities as grantee in its discretion may deem necessary or
appropriate on the lands of the grantor, the location of said water line easement to be as
shown on a subdivision map referred to below, the center line of said casement running
approximately parallel to the center line of King Road East and approximately 50 feet
northeasterly of the north line of King Road East across premises owned by grantor in
the Town of Ithaca, Tompkins County, New York, known generally as the Hospicare
3 project and shown as Parcel A on the map referred to below.
Grantor also hereby grants to the grantee a permanent right of way and easement 20 feet
in width to enter upon, install, construct, operate, maintain, repair, and replace a sanitary
sewer line, which sewer line casement is likewise shown on the map referred to below
crossing Parcel A, running from a point approximately M) feet southeasterly along the
t north line of King Road from the southwest corner of premises owned by grantor, thence
+ northerly approximately 20 feet, then northwesterly parallel to the north line of King Road
approximately 130 feet, then northeasterly approximately 235 feet, then easterly
approximately 140 feet, then turning slightly southeasterly a distance of approximately
330 feet to where the same intersects the northwest line of property conveyed to the
Town of Ithaca by grantor by deed dated August 31, 1993, recorded November 12, 1993
in Book 713 of Deeds at Page 127.
The center line of the above easements shall he the center line of the pipe as actually laid.
Together with the temporary casement during the period of original construction over so
much of grantor's property as may be necessary for men and vehicles while the said
water line and sewer line and appurtenances are being installed.
The water line, sewer line, and related appurtenances (and any other facilities) constructed
on said casement premises shall remain the property of and shall be under the control and
supervision of the grantee, and during the course of the construction all equipment,
materials, and other property belonging to the grantee, its agents or contractors, stored on
or located on the casement area, shall remain the property of and shall be under the
control and supervision of the grantee.
i
Grantor reserves the underlying fee title to said property covered by said easement,
subject to the rights and privileges herein granted to the grantee and grantor reserves the
right to use and enjoy said promises provided that such use shall not int r • ith the
rights granted to the grantee hereunder. IVE
i.
S REAL ESTATE
N
MAR 10 1995 ��j
TRANSFER TAX '"
TOMPKINS
COUNTY
•
•
�J
116EA 746 PACE 70
The map referred to above is entitled "Final Plat of the Subdivision of Chase Pond, Town
of Ithaca, County of Tompkins, State of New York" dated November 11. 1992, prepared
by George C. Schlecht, and last amended through September 28, 1993, a copy of which
map was approved by the Tompkins County Department of Health and filed in the
Tompkins County Clerk's Office on November 12, 1993 in Drawer 5 at Page 104.
Being a portion of the premises conveyed to grantor herein by deed of Citizens Savings
Bank, F.S.B., dated December 8, 1992, recorded in the Tompkins County Clerk's Office
on December 10, 1992 in Book
k 690 of Deeds at Page
156. .
TO HAVE AND TO HOLD the premises herein granted unto the party of the second
part, its successors and assigns forever.
t
AND said party of the first pan covenants as follows:
FIRST: That the party of the second pan shall quietly enjoy the said premises.
SECOND: That said party of the first part will forever warrant the title to said premiss,
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
E 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 party of the first pan has hereunto set its hand and seal
s the day and year first above written.
IN PRESENCE OF:
HOSPICARE FOUNDATION, INC.
fit
y STATE OF NEW YORK )
COUNTY OF TOMPKINS )s's"
On this 2 '4day of 6teernAme 1994. before me personally came .6A✓/.4
�✓ -yE to me rsonall know
�PAG pc. y n, who, being by me duly sworn, did depose e
and say that he resides in ? 0V that he is the TfsJsu a of
HOSPICARE FOUNDATION, INC., the corpo tion described in and which executed the within
• instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of or rat'
and that he signed his name thereto by like order.
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