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ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 13-43238
Grantor(Party 1) Grantee (Party 2)
ITHACARE CENTER SERVICE COMPANY INC ITHACA TOWN OF
Fees Consideration: $0.00
Recording Fee $0.00 Instrument #: 2013-14256
TP-584 Form Fee $0.00
Pages Fee $0.00 Transfer Tax #: 000551
State Surcharge $0.00
Property located in Town of Ithaca
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on October 22nd, 2013 at 1:25:49 PM with
a total page count of 9.
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
MR Do Not Detach
2013-14256 10/22/2013 01:25:49 PM
TRAIL EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this 7'h day of October 2013, by and among Ithacare
Center Service Company, Inc., a New York not-for-profit corporation, of 1 Bella Vista Drive,
Ithaca, New York, referred to herein as Ithacare, Tompkins County Industrial Development
Agency, a public benefit corporation, with offices at 401 East State Street, Ithaca, New York
14850, referred to herein as Agency, and the Town of Ithaca, a municipal corporation of the
State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14840, referred
to herein as the "Town".
WHEREAS, Ithacare and the Agency are the owners of real property located on Route 96B
in the Town of Ithaca, Tompkins County, known as Tax Parcel #39-1-1.31 which property is
more particularly described on Schedule A attached hereto (the "Property");
WHEREAS, the Town desires to develop a 10-foot wide trail within an 18-foot wide trail
easement and right-of-way ("Trail Easement") for public recreational access only as specified
herein over the Property, with the precise location of the trail yet to be determined;
WHEREAS, Ithacare is the owner and developer of a 6± acre parcel of land in the Town of
Ithaca, tax parcel No. 39-1-3.2, upon which Ithacare is constructing and intends to operate
patio homes for its senior living community;
WHEREAS, the Town of Ithaca has requested, and Ithacare has agreed to grant the Town, a
floating easement for the future development by the Town of a trail which will be open to the
public;
WHEREAS, because of a lack of space on the patio homes parcel to accommodate the trail,
and to align the trail with a future trail in the vicinity that is identified in the Town's Open
Space Plan, the floating easement is to be located on the Property, on which the Longview
Senior Living Community is located;
WHEREAS, once the trail is constructed on -the Property, the Town will relinquish its rights
to the Property that is not within the Trail Easement and will maintain rights solely to the
property within the Trail Easement;
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties agree as follows:
I. Trail
Ithacare and the Agency hereby grant, convey, remise, relinquish and release to the
Town, for the benefit of the Town, its guests and invitees, and the general public, a perpetual
EASEMENT and RIGHT-OF-WAY upon, over and across a 150-foot wide portion of the
parcel of land described on Schedule A attached hereto for the development and use of a
public trail, as follows:
BEGINNING at an iron pin set at the intersection of the westerly highway line of the
State of New York as appropriated for the Ithaca - Danby State Highway No. 5043 and
delineated on Map 15, Parcel 22,and recorded in the Tompkins County Clerk's Office,
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said pin being located a perpendicular distance from the present centerline of the Danby
Road, State Highway Route No. 96B of 110.0 feet and is located 7.7 feet northerly from a
granite highway monument found;
Running thence westerly an average bearing of N 83 degrees 26' 05" W a distance of
984.92 feet to a point, which is the point and place of beginning (said point being 450
feet east of the pipe found at the southwest corner of the parcel);
Running thence north an average bearing of N 04 degrees 26' 55" E to a point on the
northern property line;
Running thence N 89 degrees 57'24" E a distance of 150 feet to a point;
Running thence south an average bearing of S 04 degrees 26' 55" W to a point on the
southern property line (said point being 600 feet east of the pipe found at the southwest
corner of the parcel);
Running thence westerly an average bearing of N 83 degrees 26'05" W a distance of 150
feet to a point, being the point and place of beginning.
The Town, at its cost and expense, and in its sole discretion, shall determine the
location of, and shall design, construct and maintain the trail, rest areas and tributary
crossings within said area. The Town shall have the right to trim and/or remove obstructing
trees, shrubs and other obstructions as necessary within the easement and right-of-way area
for trail construction, maintenance, repair or reconstruction. Once the trail is constructed, the
Trail Easement shall be no more than eighteen (18) feet in width (ten (10) feet for the trail
surface plus four (4) feet on either side for maintenance, repair and reconstruction purposes).
The trail shall be available for public use and enjoyment for walking, hiking and bicycle
riding as defined in the New York State General Obligations Law Section 9-103 as enacted
and amended and in Town of Ithaca Code Chapter 200.
Upon completion of trail construction, the Town, at is sole cost and expense, shall
prepare a legal description of the Trail Easement, which description shall be acceptable to
Ithacare. The Town, at its sole cost and expense, shall thereafter promptly prepare, execute
and record a document or documents relinquishing any and all rights to the property covered
by the easement and right-of way granted herein that is not within the Trail Easement.
II. Liability and Indemnification
Neither Ithacare nor the Agency shall have any obligations whatsoever, express or
implied, relating to the use, maintenance or operation of the Trail Easement after the Town
begins trail construction on the Property. Neither Ithacare nor the Agency's exercise of, or
failure to exercise, any right conferred by this Indenture shall be deemed to be management
or control of the activities on or the condition of the Trail Easement. Neither Ithacare nor the
Agency shall be liable to the Town for injuries or death to persons or damage to property or
any other harm in connection with the Trail Easement that occurs after the Town begins trail
construction on the Property, unless such harm is due to the negligence of Ithacare or the
Agency, in which case liability shall be apportioned accordingly. The Town shall defend,
indemnify and hold harmless Ithacare and the Agency, and each of their officers, directors,
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employees, residents, contractors and agents from and against any and all costs, claims,
losses or damages to persons or property that occur after the Town begins trail construction
on the Property and that result from the Trail Easement. Without limiting the generality of the
foregoing, the indemnification provided for hereunder shall apply regardless of the
application of any immunity available to Ithacare or the Agency under New York State
General Obligations Law Section 9-103. Once the Town begins trail construction on the
Property, the Town shall maintain adequate liability insurance, naming both Ithacare and the
Agency as additional insureds, with respect to the trail and upon request shall provide a copy
of a certificate of insurance to Ithacare and the Agency.
III. Access to Trail
Ithacare and the Agency hereby grant, convey, remise, relinquish and release to the
Town a permanent EASEMENT and RIGHT-OF-WAY over the parcel of land described on
attached Schedule A for purposes of pedestrian ingress and egress by Town representatives to
and from the floating easement area during the trail planning and construction stages, and to
and from the Trail Easement area once the trail is constructed for purposes of trail
maintenance, repair and reconstruction or to respond to health, safety or nuisance issues.
IV. Conditions
Ithacare reserves the right to remove persons from the trail who act in an unlawful
manner, damage property or disturb the peace, safety or security of Ithacare residents, staff or
visitors.
Ithacare reserves the right to relocate the trail, at its sole cost and expense, to another
area on the site as Ithacare's needs and use of the property may require. Because the trail is
intended to link at both the northern and southern boundaries of the parcel with a future trail
in the vicinity as identified in the Town's Open Space Plan, any relocation of the trail shall be
by the mutual consent of the parties.
V. Successors and Assigns
This easement and right-of-way 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.
VI. Amendments
Therovisions of this easement and right-of-way not be modified rescinded or
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amended except by written consent, duly executed and acknowledged by the parties hereto or
their successors and assigns.
VII. Invalidity of Certain Provisions
The invalidity of any portion of this easement and right-of-way 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.
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VIII. Execution
This easement and right-of-way may be executed in counterparts.
IX. Negative Covenants of Ithacare
Ithacare covenants and agrees as follows:
a. Ithacare, 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 150-
foot wide easement and right-of-way prior to the Town's relinquishment of rights to the
property that is not within the Trail Easement, or within the area of the Trail Easement,
without the advance written consent of the Town, except that normal and customary trail
improvements shall be constructed by the Town in accordance with its requirements and this
document;
b. Ithacare, for itself and all of its successors and assigns, covenants and agrees that
it will not plant or cultivate new trees or other plants that may interfere with the said 150-foot
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wide easement and right-of-way prior to the Towns relinquishment of rights to the property
that is not within the Trail Easement, or with the Trail Easement, without the advance written
consent of the Town;
c. Ithacare, 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 150-
foot wide easement and right-of-way prior to the Town's relinquishment of rights to the
property that is not within the Trail Easement, or within said area of the Trail Easement,
except as necessary to construct the trail improvements referred to above;
d. Ithacare, 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 interferes
with the ingress and egress rights of the Town, its successors, assigns, employees and agents,
nor with the traveling and use rights of the Town and the general public in and to such trail.
X. Assi ng ment
Each and all of the Town's rights, and this easement and right-of-way, 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.
XI. No Recourse
1. Agency Special Obligations
Notwithstanding any other terms or conditions contained in this Indenture:
(a) This Indenture is executed by the Agency solely to grant the easements and rights
set forth herein and for no other purpose. All representations, covenants, and warranties of the
Agency and Ithacare herein are hereby deemed to have been made by Ithacare and not by the
Agency.
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(b) The obligations and agreements of the Agency contained herein or therein shall
not constitute or give rise to an obligation of the State of New York or Tompkins County, New
York, and neither the State of New York nor Tompkins County, New York shall be liable hereon.
All obligations of the Agency hereunder shall constitute a special obligation payable solely from
the revenues and other monies, if any, derived from Ithacare by means of this easement and right-
of-way. Neither the members of the Agency, nor any person executing this Indenture on its
behalf, shall be liable personally hereunder. No recourse shall be had for the payment of any
expenses or costs pursuant to this Indenture, or based upon or in respect of this Indenture, or any
modification of or supplement hereto, against any past, present, or future member, officer, agent
(other than Ithacare), servant, or employee, as such,of the Agency or of any successor or political
subdivision, either directly or through the Agency or any such successor, all such liability of such
members, officers, agents (other than Ithacare), servants and employees being, to the extent
permitted by law, expressly waived and released by the acceptance hereof and as part of the
consideration for the execution of this Indenture. Any judgment or decree shall be enforceable
against the Agency only to the extent of its interest in the Indenture and any such judgment shall
not be subject to execution on or by a lien on assets of the Agency other than its interest in the
Indenture.
(c) No order or decree of specific performance with respect to any of the obligations
of the Agency hereunder shall be sought or enforced against the Agency unless the party seeking
such order or decree shall first have requested the Agency in writing to take the action sought in
such order or decree of specific performance, and ten (10) days shall have elapsed from the date
of receipt of such request, and the Agency shall have refused to comply with such request (or, if
compliance therewith would reasonably be expected to take longer than ten (10) days, shall have
failed to institute and diligently pursue action to cause compliance with such request) or failed to
respond within such notice period. If the Agency refuses to comply with such request and the
Agency's refusal to comply is based on its reasonable expectation that it will incur fees and
expenses, the party seeking such order or decree may, at its option, place in an account with the
Agency an amount or undertaking sufficient to cover such reasonable fees and expenses
whereupon the Agency shall agree to comply with such request. If the Agency refuses to comply
with such request and the Agency's refusal to comply is based on its reasonable expectation that it
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or an of its members officers directors servants agents other than Ithacare or employees shall
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be subject to potential liability, the party seeking such order or decree may, at its option, (1) agree
to protect, defend, indemnify and hold harmless the Agency and its members, officers, directors,
servants, agents (other than Ithacare)and employees against any liability incurred as a result of its
compliance with such demand, and (2) if requested by the Agency, furnish to the Agency
reasonably satisfactory security to protect the Agency and its members, officers, directors,
servants, agents(other than Ithacare)and employees against all liability reasonably expected to be
incurred as a result of compliance with such request whereupon the Agency shall agree to comply
with such request.
2. Ithacare hereby agrees to indemnify and hold the Agency harmless (including payment of
reasonable attorney's fees and costs) against and from any liability resulting from this Indenture
and/or action undertaken by Ithacare pursuant to this Indenture.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day(s)
and year written below.
ITHACARE CENTER SERVICE COMPANY, INC.
By: Mark A. 'cera
Executive Director
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the L& day of 6afghLk in the year 2013, before me, the undersigned, personally
appeared Mark A. Macera, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
*' 44419-
Notary Public
SUSAN M HOWE
TOMPKINS COUNTY INDUSTRIAL Notary Public-State of New York
DEVELOPMENT AGENCY No. 01H06198660
Qualified In Tompkins County
My Commission Expires 12/29/201-
By: M' hae tamm
ministrative Director
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the 1'5'- day of , 2013 before me, the undersigned, a Notary Public in
and for said State, personally appeared Michael B. Stamm, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person u behalf of which t individual
acted, executed the instrument.
Notary Public
INA K ARTHUR
NOTARY PUBLIC-STATE OF NEW YORK
NO.Ot AR6197562
6 QUALIFIED IN TOMPKINS COUNTY
COMMISSION EXPIRES DECEMBER 1,20.�
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TOWN OF ITHACA
13 Herbert ngma
Supervi r
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the�day of in the year 2013, before 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 whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or the person n behalf of which the individual
acted, executed the instrument.
Notary Public
PAULETTE TERWILUGER
Notary Public,State of New York
No.01TE6156809
(.%uallfied in Tompkins County
Commission Expires December 4, o
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SCHEDULE A
[Tax Map#39-1-1.311
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins, State of New York, bounded and described as follows:
BEGINNING at an iron pin set at the intersection of the westerly highway line of the
State of New York as appropriated for the Ithaca -Danby State Highway No. 5043 and delineated
on Map 15, Parcel 22, and recorded in the Tompkins County Clerk's Office, said pin being
located a perpendicular distance from the present centerline of the Danby Road, State Highway
Route No. 96B of 110.0 feet and is located 7.7 feet northerly from a granite highway monument
found;
Running thence westerly an average bearing of N 83 degrees 26'05" W a distance of
1,434.92 feet to an existing iron pipe;
Running thence north an average bearing of N 04 degrees 26'55" E a distance of 714.42
feet to an existing iron pipe;
Running thence N 89.degrees 57'24" E a distance of 1,375.48 feet to an existing iron pin;
Running thence S 78 degrees 28'OS" E a distance of 230.00 feet to an existing iron pin
set in the westerly highway line of New York State Route 9613, Danby Road;
Running thence S 11 degrees 3V55" W along the westerly highway line of New York
State Route 9613, the Danby Road, for a distance of 525.0 feet to an existing iron pin, said iron
pin marks the northeasterly corner of the scenic overview area as appropriated by the State of
New York;
Running thence N 78 degrees 33'31" W along the northerly line of the scenic overview
area for a distance of 60.00 feet to an existing iron pin;
Running thence S 11 degrees 30'40" W along the westerly line of the scenic overview
area for a distance of 335.64 feet to an existing iron pin, being the point and place of beginning.
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