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Home My WebLink About2013-01520 .�'f{{r IIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street ITHACA, NY Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 13-16473 Grantor(Party 1) Grantee (Party 2) ITHACA NEIGHBORHOOD HOUSING SERVICES ITHACA, TOWN OF INC Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2013-01520 TP-584 Form Fee $5.00 Transfer Tax #: 000983 Pages Fee $25.00 State Surcharge $20.00 Property located in Town of Ithaca Total Fees Paid: $70.00 State of New York County of Tompkins Recorded on February 4th, 2013 at 10:26:10 AM with a total page count of 5. '� e rLx. Tompkins County Clerk C 02/04/2013 10:26:10 AM 2013-01520 02/04/2013 10:26:10 AM PEDESTRIAN ACCESS EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made thisvy o�, 200 by and between ITHACA NEIGHBOORHOOD HOUSING SERVICES, INC., of 115 West Clinton Street, Ithaca,New York 14850, a New York not-for-profit corporation ("Grantor" or"INHS"), and THE TOWN OF ITHACA, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca,New York 14850 ("Grantee" or the "Town"). WITNESSETH: Grantor is the owner of certain parcels of land located in the 'Town of Ithaca, Tompkins County, New York, commonly known as the Holly Creek Subdivision and shown on a subdivision plat entitled "FINAL SUBDIVISION PLAT, ITHACA NEIGHBORHOOD HOUSING SERVICES, HOLLY CREEK RESIDENCES, HOLLY CREEK LANE, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" prepared by T.G. Miller P.C., Engineers and Surveyors, dated June 27, 2011 and amended on November 28, 2012 to reflect the proposed sidewalk easement and right-of-way to be granted to the Town of Ithaca, said amended subdivision plat attached hereto as Schedule A. The subdivision plat shows one easement delineating a.three (3) foot wide right-of-way entitled "PROPOSED 3' WIDE EASEMENT FOR SIDEWALK PURPOSES TO BE GRANTED TO THE TOWN OF ITHACA" along the eastern boundary of Holly Creek Lane and extending three feet onto the adjacent portion of Lot 7 and Lot 6, said line ending at the intersection of said line and the curvature of Holly Creek Lane and ("Right of Way"). NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. ACCESS EASEMENT. Grantor hereby grants and conveys to the Town, for the benefit of the Town, its guests and invitees, and the general public, a perpetual, non-exclusive easement and right of way for pedestrian ingress and egress and passageway upon, over and across the Right of Way. 2. SUCCESSORS AND ASSIGNS. This Agreement shall run with the land and shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties hereto. 3. AMENDMENTS. The provisions of this Agreement may not be modified, rescinded or amended except by written consent, duly executed and acknowledged by the parties hereto or their successors and assigns. 4. INVALIDITY OF CERTAIN PROVISIONS. The invalidity of any portion of this Agreement or any of the provisions hereof by judicial decision or otherwise shall not affect the remaining provisions hereof which shall remain in full force and effect. This Agreement may be executed in counterparts. 2013-01520 02/04/2013 10:26:10 AM the remaining provisions hereof which shall remain in full force and effect. This Agreement may be executed in counterparts. 5. NEGATIVE COVENANTS OF GRANTOR. The Grantor covenants and agrees as follows: a. The Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures shall be constructed or placed within the aforesaid area of the easement and right-of-way without the advance written consent of the Grantee, except that normal and customary sidewalk improvements shall be constructed in accord with the requirements of the Grantee; b. The Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way except in accord with project approvals duly issued by the Grantee; c. The Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction, or blasting within said area of the easement and right-of-way, except as necessary to construct the sidewalk improvements referred to above; d. The Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferowrth the ingress and egress rights of the public or the Grantee, its successors, assigns, employees and agents, nor with the travelling and use rights of the general public in and to such sidewalk. BEING the purpose of this easement and right-of way to convey rights to the Town of Ithaca for the purposes of said sidewalk, including rights of free ingress and egress in, over, and through the above-described premises; each and all of which rights, and this easement, are now and hereafter assignable by the Town to any successor or assign, or to any improvement or special benefit district now existing or hereafter formed or created. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals on the day(s)and year written below. Ithaca Neighborhood Housing Services, Inc. The Town of Ithaca By: ` 7c�....-L By. Paul Mazzarella, Executive Director flerbert J� ngm upervisor 2013-01520 02/04/2013 10:26:10 AM STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the 21st day of December in the year 2012 before me, the undersigned, personally appeared PAUL MAZZARELLA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. rpRR1E JEANNE POLLAK C�=GC.L/ -- o Nota y �iic. 5tatc. of New York otary Public IVU. U2i'vb��LUUb (�Ilalifia'1 Ir. Tnmpkinc Count/ ,/ November 28, 20l^1W/ STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: ^ L't 6LOC's On the day of 4�eeet er in the year-26t2efore me, the undersigned, personally appeared HERBERT J. ENGMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execute the instrument. Notary Public PAULErM TERWILUGER Notary Public,State of New York No.G1TE6156W9 Oueltfied in Tompkins County eorwnlssion Expires December 4,20 q 3 2013-01520 02/04/2013 10:26:10 AM e ji a \� -a8�aE:fE':€;:�� z�ggKpugaaaaa / l�. 1:.88Bg8gCl3e§N {g�?»i»»Ti I off= r Sfax �Akj AN €�gr" p Ai' 43! II I� �--•� IIS/-�� f\+�.• 11 , I -- /. i €` i I^ �� V � ,/ife •F "e irl j/I d�ar rk� �, x{�('�/ � j it'll ¢ � ��!• "� II II�� j9sii; I3 €•"6§�=; "�'�rt" I I I � Olt tli� d��9e 8�9� Ti ' I,nl ��i a :..mm•. .,. H�1'� :.Ir I I I � IVAJ^ 1 I Y CCC : n i -'�,� D Iyu e.m PH,Sf_ u i d�Il gJ €�; z W �� 8 a4q Ian" § ! --- Jill . �aa '�. /f �'/� � �� i �� #• � � SII I Q it I °� E ya y 6 �� 5� I�A � � •K/'��-a 1' yam`/ �r�l ' �� dY�` II ��1� $gfill �� X I ��4§��ii �a srl�r.��e-�`� •$I�_.`7.e` 11 4I j;Y B x L,� '°°1'8 C 14•e L�bY-,'— 8 Y 11\ gxY ruw'mIYa �d 1 i u b a � x j _ r rq i E SII / I 8€-A IfY3A § FINAL SUBDIVISION PLAT l E$ FQ > €as ITHACA NEIGHBORHOOD HOUSING SERVICES fi ih HOLLY CREEK RESIDENCES §i�z I i i 7 . X!iA 94 HOLLY CREEK LANE names•• F € S' TOWN OF MWA TOMPKINS COUNTY,NEW YORK I