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HomeMy WebLinkAboutBF105355-001 DEEDS No. 242 391 M '•Robert H. Treman & wf. : THIS INDENTURE, Made the first day of October Nineteen Hundred 1tJ 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 C 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 r 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 i 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. Ii $ 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. 77 i 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 6 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; I 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 9 - heirs and assigns forever, a 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 r, cribed in and who executed the within Instrument, and she acknowledged to me that she executed the same. Margaret E. Neville, Notary Public. i -71 tl , I r t