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116ER 746 PAGE 80
01305
WARRANTY DEED with Lien Covenant
THIS INDENTURE
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Made the-• day of .law+ Nineteen Hundred and Ninety-four
BETWEEN MALLOY BROTHERS CONSTRUCTION, INC., a New York State
Corporation, having its principal place of business at 109 S. Albany Street, Ithaca,
New York
party of the first part, and
THE TOWN OF ITHACA, a Municipal Corporation, having its principal place
of business 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 AND
N0/100 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 distributees and assigns forever, for
general municipal purposes,
ALI, THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being a part of Lots 86 and 99 in said Town,
bounded and described as follows:
BEGINNING at a point in the Northerly line of King Road East, which point is
2,249.46 feet more or less westerly as measured along the north line of King Road
East from its intersection with the westerly line of Troy Road;
RUNNING THENCE on a curve to the right having a radius of 25.00 feet an
arc distance of 39.27 feet to a point;
RUNNING THENCE north 34' 14 minutes 06 seconds east 75 feet to a point;
CONTINUING THENCE on a curve to the right having a radius of 170.00 feet
an arc distance of 296306 feet to a point;
RUNNING THENCE south 45° 45 minutes 54 seconds east 231.48 feet to a
point;
CONTINUING THENCE on a curve to the right having a radius of 25.00 feet
an arc distance of 24.71 feet to a point;
RUNNING THENCE on a curve to the left having a radius of 75.00 feet an
arc distance of 383.39 feet to a point;
RUNNING THENCE on a curve to the right having a radius of 25.00 feet an
arc distance of 24.71 feet to a point;
RUNNING THENCE north 45° 45 minutes 54 seconds west 231.48 feet to a
point;
RUNNING THENCE on a curve to the left having a radius of 230.00 feet an
arc distance of 401.426 feet to a point;
RUNNING THENCE south 34° 14 minutes 06 seconds west 75.00 feet to a
point;
RUNNING THENCE on a curve to the right having a radius of 25.00 f
arc distance of 39.27 feet to a point in the northerly line of King Road East;
17-17
RUNNING THENCE south 55° 45 minutes 55 seconds east along the
.
northerly line of King Road East 110.00 feet to the point or place of beginning.
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wiA 746 PAGE 81
Together with any interest of the grantor in and to the portions of King Road
East lying between the northerly line of King Road East and the centerline of King
Road East.
Subject to the following utility easements insofar as the same may affect the
above described premises.
1. An easement from Frank J. Wrisley and Florence C. Wrisley to New York
State Electric and Gas Corporation by instrument dated March 31, 1948, recorded
April 23, 1948 in Liber 308 of Deeds at page 206.
2. An easement from Reyer Rezalman to New York State Electric and Gas
Corporation by instrument dated March 31, 1948, recorded April 23, 1948 in Liber
308 of Deeds at page 209.
3. An easement from Frank J. Wrisley and Florence C. Wrisley to New York
State Electric and Gas Corporation by instrument dated May 20, 1963, recorded
June 21, 1963 in Liber 445 of Deeds at page 247.
4. An easement from Frank J. Wrisley and Florence C. Wrisley to New York
State Electric and Gas Corporation by instrument dated May 20, 1963, recorded
June 21, 1963 in Liber 445 of Deeds at page 248.
5. A right-of-way and easement from King Road Realty Corp. to New York
Telephone Company by instrument dated January 8, 1974, recorded January 10,
1974 in Liber 513 of Deeds at page 71.
6. An easement from Malloy Brothers Construction, Inc., to New York
State Electric and Gas and New York Telephone dated .June 23, 1994, recorded
August 11, 1994 in Book 731 of Deeds at page 239.
Being a portion of the premises conveyed to the grantor herein by deed of
Hospicare Foundation, Inc., dated December 8, 1992 and recorded on January 25,
1993 in the Tompkins County Clerk's Office in Liber 692 of Deeds at page 325.
The above described premises are more described as "Saunders Road" on a
subdivision map entitled "Final Plat of the Subdivision of Chase Pond, Town of Ithaca,
County of Tompkins, State of New York" dated November 11, 1992, last revised .June
2, 1993, prepared by George C. Schlect, P.E. & L.S., it copy of which was approved by
the Tompkins County Department of Health and filed in the Tompkins County
Clerk's Office on November 12, 1993 in drawer V at page 104.
There is also conveyed to the Town of Ithaca by this deed, to the Town of
Ithaca, its successors and assigns, the following two easements:
1. A permanent right of way and easement 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 as shown on the above
referenced subdivision map. The center line of said water line easement runs .
substantially parallel to King Road East and is located approximately 50 feet north of
the north line of King Road East running from premises reputedly owned by
Hospicare Foundation, Inc. (Parcel A as shown on the above referenced map)
southeasterly to premises reputedly owned by Bill J. Manos (593 Deeds 989).
2. A permanent right of way and easement 20 feet in width to enter upon,
install, construct, operate, maintain, repair and replace a sanitary sewer pipe lino 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
easements being shown on the above referenced subdivision map, the easements
running from a point on the bend in Saunders Road as described earlier in this deed
northerly, branching into two branches, one running northwesterly to the premises of
Hospicare and one running northeasterly to the premises conveyed to the Town of
Ithaca. There is also conveyed with this easement all right, title and interest of the
grantor to construct, maintain, operate, repair, and replace a sewer line across
premises of Bill J. Manos and all of the rights pertaining thereto as set forth in a
two 746 Pl1EI 82 ,..t .� ..w .�........._ �.....-__
sanitary sewer agreement between Bill J. Manos and David C. Auble dated
November 3,1988, recorded in the Tompkins County Clerk's Office in Book 641 of
Deeds at Page 1062 including, without limitation, all right, title and interest of the
.grantor herein in and to the easement across the Bill J. Manos property as set forth
in said Manes - Auble agreement and the right to install and maintain a sanitary
sewer line in said easement area.
There is also granted to the grantee herein a temporary easement during the
period of original construction over so much of the grantor's property as may be
necessary for men and vehicles while the said water line, sewer line, and
appurtenances (or any other facilities related to same) are being installed. The water
line, sewer line, and appurtenances (and any other facilities) constructed on said
premises, or on said easements, 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 easement area shall remain the property of
and shall be under the control and supervision of the grantee. However, grantor (1)
reserves the underlying fee title to said property covered by said right of way or
easement, subject to the rights and privileges herein granted to the grantee, and (2)
grantor reserves the right to use and enjoy the premises underlying said easement
areas provided that such use shall not interfere with the rights granted to the grantee
hereunder. The rights retained by grantor herein relate solely to the sewer and water
line easements and not to the road that is conveyed by this deed.
There is also conveyed to the Town of Ithaca by this instrument a triangular
portion of land adjacent to the northerly portion of the premises conveyed by
Hospicare Foundation, Inc., to the Town of Ithaca by deed recorded in Book 713 of
Deeds tit page 127, which triangular piece may be more particularly described as
follows:
COMMENCING at the most northerly corner of Lot 5 as shown on the above
referenced subdivision map, which point is also a corner in the premises
described in the above referenced deed to the Town of Ithaca from Hospicare
Foundation, Inc.; running thence south 23 degrees 2 minutes 48 seconds east
along the east northeasterly line of Lot 5 a distance of 94.89 feet to a point
where the boundary line of Lot 5 and the boundary line of the premises so
conveyed to the Town of Ithaca makes a bend; running thence north 39
degrees 37 minutes 9 seconds west a distance of 151.75 feet to a point in the
northerly line of Lot. 5, which point is located north 79 degrees 12 minutes 40
seconds mast 39.70 feet from the northwest corwr of Lot 5; running thence
north 79 degrees 12 minutes 40 seconds cast along the north line of Lot 5 a
distance of 30.89 feet to the point or place of beginning,
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 parties of the •
second part, their heirs, successors and assigns forever.
And said parties of the first part covenants as follows;
FIRST, That the parties 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 have 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.
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ustk 746 pact 83
IN WITNESS WI EREOF, the parties of the first part have hereunto set
their hand and seal the day and year first above written.
MALLOY BROTHERS CONSTRUCTION, INC
L.S.
Y.BERN LOY
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On thisA"� day of,&h-1, 1994, before me personally appeared BERNARD
MALLOY, to me known, who being by me duly sworn, did depose and say that he
resides in the Town of Newfield, New York; that he is the President of Malloy Brothers
Construction, Inc., the corporation described in and which executed the above
•
instrument; that he signed his name by order of the Board of Directors of said
corporation.
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