HomeMy WebLinkAboutBF105355-001 DEEDS No. 242
391
M '•Robert H. Treman & wf. : THIS INDENTURE, Made the first day of October Nineteen Hundred
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to : and thirty-six, BETWEEN Robert H. Treman and Laura H. Treman, his
The Town of Ithaca. wife, both of Ithaca, New York, parties of the first part, and J
-X The Town of Ithaca, a municipal corporation in the State of New
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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 sufficient consideration paid by the
party of the second part, do hereby remise, release, and quitcl4im unto the party of the
second part, its successors and assigns forever, an easement on and over a right of way not
over 25 feet wide as more fully described hereinafter, to excavate, open up, and maintain a
stream channel across premises of the parties of the first part near the lower end of Coy Glen
on Lot 82, in the Town of Ithaca, County of Tompkins, State of New York, the center line of
said easement being described as follows; Beginning in the present stream channel at or near
the southwesterly line of Coy Glen road, said point being found by measuring 700 feet north-
westerly along the center of Coy Glen road from the center of the concrete pavement on Floral
Avenue Extension and thence striking a right angles with Coy Glen Road to intersect the pre-
sent stream channel; running thence southeasterly in a straight line to intersect the present
westerly line of the right of way of Floral Avenue Extension at a point about 15 feet northerly
along said right of way line from the southeasterly corner of lands of Robert H. Treman (being
the northeasterly corner of lands of the Immaculate Conception Church, formerly of Mobbs)
and thence continuing to intersect the present stream channel running along the westerly side
of Floral Avenue Extension.
It is mutually understood and agreed that the purpose of this easement is to permit the
re-locating of the small creek that now flows along the south side of Coy Glen Road and the
west side of Floral Avenue Extension, and to prevent the creation of a public nuisance
and damage to neighboring property from its overflowing.
It is mutually covenanted and agreed by covenants running with the land that in the excava*
► r tion and maintenance of the new channel, operations shall be confined to a total width of not
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more than 25 feet and the party of the second part, its successors and assigns shall adopt ,
such means of original construction and later maintenance as will confine the stream to\the
new channel and to a width of not more than 25 feet and a depth of not over 7 feet and will
not permit such stream to spread over adjoining lands now owned by the parties of the first
part; that the parties of the first part, their heirs and assigns, shall have the right to
cross and recross the said right of way and to bridge the same as they may desire but without
,. blocking the channel; that if it be necessary to prevent excessive gouging or deepening
g during flood flow, the party of the second part, its successors or assigns, will install log
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frame and sheeting stops or similar construction to prevent such gouging or excessive deepening.
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.
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The party of the second part agrees as part of the consideration for this right of way,
to fill up the present deep ditch in front of lands of the parties of the first part between
said Coy Glen Road and the above described right of way and along Coy Glen Road.
IN WITNESS WHEREOF the parties of the first part have hereunto set their hands and seals
the day and year first above written.
Robert H. Treman L.S.
Laura H. Treman �.5.
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392 DEEDS No. 242
On this 31st day of October Nineteen Hundred and thirty-sic
• STAT B OF NEW YORK
COUNTY OF TOMPKINS s before me, the subscriber, personally appeared Robert B. Treman and
CITY OF ITHACA
Laura H. Treman to me personally known and known to me to be the same persons described in and
who executed the within Instrument, and they severally acknowledged to me that they executed the
same.
Allan H. Treman, Notary Public.
Recorded December 5, 1936 at 11:22 A.M. i
Alice Forbes THIS INDENTURE, Made the 24th day of October Nineteen Hundred
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to and thirty-six. BETWEEN Alice Forbes of Endicott, New York, party
Mayme B. Wilkinson of the first part, and Mayme B. Wilkinson of Ithaca, New York, party
of the second part,
WITNESSETH that the party of the first part, in consideration of of One Dollar and other
valuable considerations 01.00) lawful money of the United States, paid by the party of the
second part, does hereby remise, release, and quitclaim unto the party of the second part, her
heirs and assigns forever,
ALL THAT TRACT OR PARCEL OF LAND located in the Town of Enfield, County of Tompkins, and
State of New York, bounded and described as follows: On the north by the highway known as the
Mecklenberg Road; on the east by the highway and by lands now or formerly owned by M. Schroder;
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on the south by lands formerly owned by Anna Slaght, now deceased; and on the west by lands
formerly owned by LeRoy H. VanKirk, now deceased; containing nineteen and one-half (19J) acres of
land more or less. Being the same premises conveyed to Justin Hollister by deed of Daniel
Mitchell a4d.:wife, dated March 2, 1920 and recorded in the Tompkins County Clerk's Office, in
Book 189 of Deeds, at page 438. This conveyance is made and accepted subject to a mortgage from
Justin Hollister (unmarried) to Fred A. Williams as Commissioner of Public Welfare of Tompkins
County Public Welfare Department intended to secure $300 of principal, dated February 21,1936
and recorded the same day in Liber 150 of Mortgages at page 247, which mortgage is being
assigned to the said Mayme B. Wilkinson, and this deed and the said mortgage do not merge, and
the said mortgage is in no manner modified nor satisfied by the delivery hereof but it is inten
ded that said mortgage shall remain in full force and effect.
TOGETHER with the appurtenances and all the estate and rights of the party of the first
_., part in and to said premisesr
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, her
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heirs and assigns forever,
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g IN WITNESS WHEREOF the party of the first part has hereunto set her hand and seal the day
and year first above written.
STATE OF NEW YORK )L Alice Forbes L.S.
COUNTY OF BROOME s
On this 24th day of October Nineteen Hundred and thirty-six before me, the subscriber, per-
sonally a A Forbes to me personally known and known to lane to be the same person des-
cribed
ppeared lice y
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cribed in and who executed the within Instrument, and she acknowledged to me that she executed
the same.
Margaret E. Neville, Notary Public.
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