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Home My WebLink About2014-00869 �'ffr IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk STEWART TITLE INSURANCE CORP Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 14-51159 Grantor(Party 1) Grantee (Party 2) QUICK, RAYMOND C ITHACA TOWN OF Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2014-00869 TP-584 Form Fee $5.00 Transfer Tax #: 001080 Pages Fee $25.00 State Surcharge $20.00 Notation Fee $0.50 Property located in Town of Ithaca Total Fees Paid: $70.50 Refers To ONLINE CD2514 6248 DEED 740 1 State of New York County of Tompkins Recorded on January 22nd, 2014 at 3:45:06 PM with a total page count of 5. 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 Do Not Detach 2014-00869 01/22/2014 03:45:06 PM MODIFICATION OF EASEMENT THIS INDENTURE is made this J11day of , 2014, by and between RAYMOND C. QUICK, PO Box 112, Brooktondale, Nk 14817, hereinafter referred to as "Owner," and the TOWN OF ITHACA, a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as the "Town." WHEREAS, Owner is the owner in fee simple absolute of a parcel of land with improvements thereon in the Town of Ithaca, County of Tompkins, State of New York, commonly known and designated as 215 Park Lane, Ithaca, New York 14850, Tax Map Parcel No. 56-3-26.4 (the "Premises"), as more particularly described in a deed to Owner from Raymond Charles Quick and Bernard John Quick dated November 19, 2002 and recorded on December 4, 2002 in the Tompkins County Clerk's Office in Liber CD2514, page 6248; and WHEREAS, the Town was granted an easement for slope maintenance along the west line of Park Lane by Barbara P. Quick in a deed dated September 27, 1994 and recorded November 18, 1994 in the Tompkins County Clerk's Office in Liber 740 of Deeds at page 1 (the "Easement"); and WHEREAS, a portion of the house (the "Building")on the Premises encroaches into the area covered by the Easement, as shown on a survey of the Premises entitled "Lands of: Raymond Charles Quick (Reputed Owner), 215 Park Lane - Town of Ithaca - Tompkins County - New York State" prepared by Stockwin Surveying, R. James Stockwin, PLS, NYS License No. 049012, dated December 20, 2013 (the "Survey Map"), a copy of which is annexed hereto and recorded in the Tompkins County Clerk's Office concurrently herewith; and WHEREAS, the Easement does not contain any terms as to the rights and responsibilities of the respective parties, and the parties wish to modify the Easement to add terms so their rights and responsibilities are clarified; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree to modify the Easement as follows: 1. The area of the Easement remains unchanged from that described in the aforementioned September 27, 1994 deed that was recorded November 18, 1994 in the Tompkins County Clerk's Office in Liber 740 of Deeds at page 1. 2. The purpose of the Easement is to provide and maintain slope stability, proper drainage grade, and proper sight distance and line of sight for Park Lane, including its shoulder, ditches and attendant road improvements. 3. The Town, its successors and assigns, and their employees and agents, shall have full right to enter at all times upon the Easement area and to survey, construct, 1 2014-00869 01/22/2014 03:45:06 PM repair, remove, replace, reconstruct, inspect, improve and maintain a suitable slope or grade, and to plant, maintain and remove vegetation, to provide the above-mentioned proper slope stability, drainage grade, sight distance and line of sight. Such activities shall not compromise the structural integrity of the Building. 4. Owner, its heirs, executors, administrators, successors and assigns, shall have continued use of the surface of the Easement area, subject to the condition that the erection or placement of buildings, fences, walls, and other structures, the planting or installation of trees, shrubs or other vegetation, the changing of the grade, and the installation of underground pipes, is prohibited unless written permission is first obtained from the Town's Director of Public Works, who may in his or her sole discretion approve such activities if they do not impair the purpose of the Easement. The reference to the Town's Director of Public Works shall include persons holding a successor position to the Director of Public Works position if the Director of Public Works position ceases to exist. 5. Notwithstanding the provisions of paragraph 4 above, the Owner and Town agree that the prohibitions in paragraph 4 above do not apply to the portion of the Easement area containing the aforementioned Building as shown on the Survey Map, nor do said prohibitions apply to the area extending two feet outward from the walls of said Building. By executing this Modification of Easement, the Town consents to the encroachment of the Building into the area covered by the Easement as shown on the Survey Map. 6. Owner, for itself and all of its heirs, executors, administrators, successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this Easement, or any rights therein: "Being the purpose of the said slope maintenance easement to convey rights to the Town of Ithaca to provide and maintain slope stability,proper drainage grade, and proper sight distance and line of sight for Park Lane, including its shoulder, ditches and attendant road improvements. In furtherance thereof, the Town, its successors and assigns, and their employees and agents, shall have the full right to enter at all times upon the Easement area and to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain a suitable slope or grade, and to plant, maintain and remove vegetation, to provide the above-mentioned proper slope stability, drainage grade, sight distance and line of sight." AND FURTHER, Owner and the Town acknowledge that the Easement granted is fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. AND FURTHER, this Modification of Easement shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 2 2014-00869 01/22/2014 03:45:06 PM TO HAVE AND TO HOLD said easement unto the Town, its successors and assigns forever, it being the intent of the Owner to have this Easement run with the land forever, and be permanent and perpetual. IN WITNESS WHEREOF,the Owner and Town have hereunto set their hands and seals the day(s)and year(s)written below. RAYMOND C. QUICK TOWN OF ITHACA 1 Q . B4eqrbertJ man�' S State of New York ) County of Tompkins ) ss.: On the 1 S day of in the year 2014 before me, the undersigned, personally appeared Raymond C. Qui k, 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. ANNA K. HOLM9FRG Notary Public oterY u lic. State of Now York Qualified in Torrpkins Co. No. 41 9-MQ My Commission cxpira; Dic. 31c9D.1a State of New York ) County of Tompkins ) ss.: On the A 6'day of q'VII,0CI in the year 2014 before me, the undersigned, personally appeared Herbert J. En n, 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 t person upon behalf of which the individual(s) acted, executed the instrument. PAULME TERWILLIGER Notary Public Notary No Public, 01 St e56of Now 809 Yodg Qualified in Tompkins Cotmly Commission Expires December 4,20 3 2014-00869 01/22/2014 03:45:06 PM LOT NUMBERS REFER TO MAP TITLED 'RC OUICK SUBDIVISION' LAST REVISED 6/02/96 MADE BY THIS OFFICE AND FILED AT TOMPKINS COUNTY CLERKS OFFICE IN MANHOLE DRAWER 'VV' - MAP NUMBER 10 OA• ITR P4yE�N7 .N � EgOE' ` EE7C1'Vf _i �Pkr SEE INSET BELOW FOUND -� "' FOR DETAILS ROD/CAP p BUTILI O%ESTY ' `•`h' /0 CA-72. 14'21 SERVICE ?' fe•� RAD- 160.00' 1 . 9•`oIW,O ARC- 201 .73* HOUSE '17 N/N, I TROD/CAP\ aE7 CHRD•188.63' S 13.40'01'W /..STONE...T %% 40.8• /.. DRI VE-./ �� 10.0' S m MANHOLE OAS LINE 10.0' h}Z GAS LINE BURIED GAS LINE -/ PARKER O W MARKER / A K Y NYSEG L.819/P.319 /EASEMENT LINE \ �I LOT B ARC , BURIED GAS LINE a „ (p� 0.5' -� CA-69'32'32• NYSEG EASEMENT 0401.- • LOT B CONC RAO- ID0.00' \ 0 PER L.819/P.349 h? / ARC- 194.20' `O. >• % 04RD-IB2.50' \ N K F? GAS M'xafta S 12.19'07'■ �I\ ` ENSTASE.E499D54NNT TO OO8YSEGG o = VALVE TTDoT* I-STY WD FR HSE �\ \ \ 215 PARK LANE SLOPE MAI FRANCE 0: A• GAS-FIELD 1• EASEMENT ITOWNI GAS LINE `• REGULATOR' ITHACA NY 14850 �o REF L.740/P.001 AS PAINTED MI OO'b I CATCH 10 J = pECK .o s� \ BASIN J<r9MAN- LU E3J \ \0.977 ACRES ' 11 II+ 125.00' 42547 SQ FT O /C LU (- 40'54' 15'W LOT B ROOAP CATCH FOUND ■IRE FENCE AND SHED �55.00- �-44.82' I BASIN IRON ROO S D 1.0' SOUTHWEST OF PL FOUND LOT c I 11 W000 IRON ROD LOT C ARC FENCE -1 RA•02160.00: = R Q I c ' 61 RAO 160.00' OL'O O_ •_^ 1 ARC• 7.53' J .v n I 56-03-26.1 CHORD- IV F9 w d I LEO (R0) 1 s 48-26-17-9 M q� BURIED GAS LINE a INST 591799-001 1 NYSEG EASEMENT2012 SURVEY BY I 1 I I a6Y1O PER L.819/P.349 DENKENBEROER NLLJ W x 20'■IDE SANITARY S 1) 3 1 1 SEWER EASEMENT L.740/P.OpI ,1)s S 40•36'I8 IE Iri LOT C 41.80, 0 r 1Do I • SLOPE MAINTENANCE y • '� 1 Z I 1 EASEMENT [TOWN) .g 1 — I REF L. 40/P.001 , ON In I Z' I W a I uM z V I 3.0r. A 4.10' n 1 -J 1 0• TV ry WATER /ENCROACHENT METER 1 • 1 I /'AREA • IJ SOFT 1 0 1 = I I-STY WD FR HSE FOUND ENT FD CONC. MONUMENT 1 215 PARK LANE ; 1.38'NE OF HIYY BNDRY ITHACA NY 14850 p O HIGHWAY BOUNDARY (_N 40'54' 13"W 8.25' 100.00'TOTAL PERMANENT EASEMENT JI/• DRAINAGE MAP 35. PARCELS 47 a 48 FOR S L A T E R V I L L E ROAD STATE HIGHWAY NO. 72 DATED7/5/84 AND FILED As INS T- SF098421-001 INSET - I - - 10' ( NYS R0UTE 7 9 ) PIMPED PNIATION NOTICE uND6 OF: RAYMOND CHARLES QUICK IREPUTED OWNER) 215 PARK LANE - TOWN OF ITHACA - TOMPKINS COUNTY - NEW Ya ATE TO: MARIETTE GELDENHUYS• ATTORNEY AND MEDIATOR: DEEDED*EFER!I�PART OF D -6248 _CFCU COMMUNITY CREDIT UNION• ITS PRINCIPALS. SUCCESSORS AND/OR rA%MA►ASSIGNS: ADAM N. WHEELER AND ANGELA L. MCCLEARY-WHEELER: PARCELITHACA 56-03- 26.4 VAND RTHAAT TN"S MAAP IFY COOK LYrDELIINNEEATESLAAN Ac�TUA�iiuVEv°OMINE awo wlpE n GiE/Y�/1�f2//�a0R6/13 fCAI0'MEOR DOER CO DIRECT ACTICEM SIGN: D TI' Ir WAS PREPARED IN BY THEANEWST�/�/nA 1 N S{•/EI NGTIE CUMENASSOC CODE 6 AW SE FOR LAW TITLE SUWVEYS AO THAT WY TND MEWSTArE ASSOCIATION OF►RGFECOOS,L LAW SIRVEYORa: ANO THAT I FOIWO W v1a1BLE JAMES ST HONER077ENCROACHMENTS EITHER WAY ACIIOif BOU110ARY LINEfIAS DESCRIBED IN TIE DOCU ENTf 69 LLESEEAR A RDISDDRKALI SAND AN ORIOPt AS GIN�'OATLOE MIN REND ICIW;Ef OF THIS MAr PHONE: 607-749RAISED SEAL 20 DECEMBER TION . A N f2GATE OF ONLY T ATEON SIOMTURE RJYEa aT WIN. PlSCERTIFICATIONS IWIGTEO IEREON SNAIL KIWI ONLY TO TIE PERaON FOq-MGM TIES . AW ON HIaALL REvIaIONS MAST COIMLYW77D/BEHAIF r0 IONTHE FITLE COMPANY. QOVERNYENTAI AGEMCt•AW LEW INS INSTITUTION IAW ITS ASSIONEESI LISTED IEREOI. f11WD1YIf1pN 7 K TIE N.Y.S. EDUCATION LAW CERTIFICATIONS ARE WT TRANSFERABLE TO ADDITIONAL AGENCIES OR INSTITUTIONS OR TO fUWSEOUENT OWNERS. C:ICe alCaW SGaAP013AAMNIP89,d--12/0/J013-12:5OPM--Sc A.1:480.00