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HomeMy WebLinkAbout550964-001No. of Pages - (including this coverpage) Receipt No. Date: Time Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax:(607) 274-5445 4 550964 11 /17/2009 04:09 PM Document Type: MISC RECORDS Parties To Transaction: ELIZABETH AN N CLUNE Town/City Deed Information Taxable Consideration: State Transfer Tax: County Transfer Tax. RETT No State of New York Tompkins County Clerk Instrument Number *550964-001 * Delivered By: WILLIAMSON, CLUNE, & STEVENS Return To: WILLIAMSON, CLUNE, & STEVENS 317 N TIOGA ST PO BOX 126 ITHACA, NY 14851-0126 Mortgage Information Taxable Mortgage Amount Basic Mortgage Tax: Special Mortgage Tax, Additional Mortgage Tax: Local Mortgage Tax: Mortgage Serial No. This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. J" � e V&' '�- - Tompkins County Clerk Please do not remove this page. WATER SERVICE AGREEMENT Agreement made this day of November, 2009, between the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC., of 120 East King Road, Ithaca, New York, and the TOWN OF ITHACA, of 215 North Tioga Street, Ithaca, New York. WITNESSETH: WHEREAS, the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. is the owner in fee of property commonly known as 120 East King Road, Ithaca, New York, deed recorded in Tompkins County Clerk's Office in book 632 of_ Deeds at Page 70; and WHEREAS, 120 East King Roadis serviced by municipal water; and WHEREAS, the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. possesses a permanent 20-foot right-of-way, which leads from East King Road to the TOWN OF ITHACA proposed park; and WHEREAS, the proposed park is now entitled the "Field of Dreams, EACMSI" with the permission and consent of the TOWN OF ITHACA; and WHEREAS, the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. has improved said "Field of Dreams, EACMSI" to include the installation of a water line, which water line runs from 120 East King Road, under and across the 20-foot right-of-way to the proposed TOWN OF ITHACA park; and WHEREAS, the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. wishes to grant to the TOWN OF ITHACA a permanent right to access and receive municipal water to the proposed town park from the Elizabeth Ann Clune Montessori School of Ithaca, Inc.'s municipal water system; and WHEREAS, there has been constructed and/or installed a water line along the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. property to the proposed town park; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. does hereby grant and convey to the TOWN OF ITHACA, its distributes, successors and/or assigns, the following: Permanent water service from the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC.'s municipal water system to the TOWN OF ITHACA's proposed town park so long as said service is necessary to provide such water service to the proposed town park. Being the intent of the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. to provide such water service through the existing water pipe system running from the 120 East King Road property to the TOWN OF ITHACA proposed park. IN WITNESS WHEREOF, this instrument has been duly executed by the ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. ELIZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC. By: 2 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the / 77'day of November in the year 2009 before me personally came Peter Browning to me known, who, being by me duly sworn, did depose and say that he resides in Ithaca, New York; that he is the president of the Elizabeth Ann Clune Montessori School of Ithaca, Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the board of directors of said corporation. ROBERT J. CZUNE Notary Public, State of New York No. 5725325 Certified in Tompkins County T. ri;n Expires rv,ay 31, 206P otary Public