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Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
CLOSING USA LLC Tompkins County Clerk
FED EX 6728 2417 0243 320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 16-125882
Grantor(Party 1) Grantee (Party 2)
CAYUGA MEADOWS HOUSING DEVELOPMENT TOWN OF ITHACA
FUND COMPANY INC
Fees Transfer Amt: $1.00
Recording Fee $20.00 Instrument #: 2016-04866
Pages Fee $45.00 Transfer Tax #: 001607
State Surcharge $20.00
Total Fees Paid: $85.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:25 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
Do Not Detach
2016-04866 05/06/2016 02:11:25 PM
PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
e- � e-
THIS INDENTURE is made this J(G day of _MLby and
between Cayuga Meadows Housing Development Fun Company, Inc., a New
York not-for-profit corporation, and CV at Cayuga Meadows, LLC, a New York
limited liability company, both with offices at 1000 University Avenue, Suite 500,
Rochester, New York 14607 (together, the "Grantor'), 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").
The Grantor is the owner of a certain parcel of land of 4.796 acres, identified as a
portion of tax parcel number 24.4-5.2, located in the Town of Ithaca, Tompkins
County, New York, to be known as Cayuga Meadows (the "Premises").
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration paid by the Town, the receipt
J and sufficiency of which are hereby acknowledged by the Grantor and the Town,
.a) -' a) >- does hereby grant, remise, relinquish and release unto the Town, its successors and
NtQ > z
X mu) ° assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay,
� XD 0y
m E construct, operate, make observations of, inspect, maintain, alter, improve, repair,
aJ'o 0 o remove, replace or change the size of water mains, laterals, collectors, lines and
J pipes, together with any and all necessary or desirable related appurtenances and
devices, together with the rights of free ingress and egress in, over, across, upon,
and under the below-described parcels of land, such parcels being the areas of
the permanent easement and right-of-way herein granted, and including the right
to trim and/or remove trees, shrubs and other obstructions upon said parcels of
land situate in the Town of Ithaca, County of Tompkins and State of New York, all
as more particularly bounded and described as follows:
All that tract or parcel of land situated on a portion of Military Lot 87, in the Town of
Ithaca, County of Tompkins, and State of New York, more particularly described as follows:
Commencing at the point of intersection of the centerline of West Hill Drive with the
centerline of Trumansburg Road, N.Y.S. Route 96; thence,
A. South 50°38'29" East, along said centerline of Trumansburg Road, a distance of 273.14
feet to a point; thence,
B. South 62°13'45" West, a distance of 35.82 feet to a point, said point being the most
northeasterly property corner of lands now or formerly of New York State Electric&
Gas Corporation,Tax parcel number 24.-4-5.1, also being the southeasterly corner of
lands now or formerly of Overlook at West Hill II Housing Development Fund
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Corporation, filed at instrument number 468655-002, Parcel 1, also known as Parcel C;
thence,
C. South 62°13'45" West, along the southeasterly boundary line of said Overlook at West
Hill II Housing Development Fund Corporation, a distance of 838.37 feet to the Point
of Beginning; thence,
1. South 25°35'07"West, a distance of 65.40 feet to a point; thence,
2. South 19°46'57" East, a distance of 123.57 feet to a point; thence,
3. North 70°13'03" East, a distance of 23.34 feet to a point; thence,
4. South 19°46'57" East, a distance of 20.00 feet to a point; thence,
5. South 70°13'03" West, a distance of 23.34 feet to a point; thence,
6. South 19°46'57" East, a distance of 242.36 feet to a point; thence
7. North 70013'03" East, a distance of 264.01 feet to a point of intersection with the
Westerly line of a 60 feet wide right-of-way to be dedicated to the Town of Ithaca;
thence,
8. South 19°46'57" East along said Westerly line, a distance of 20.00 feet to a point;
thence,
9. South 70°13'03"West, a distance of 264.01 feet to a point; thence,
10. South 19°46'57" East, a distance of 55.07 feet to a point; thence,
11. South 02°39'15" East, a distance of 23.96 feet to a point, said point being on the
south property line of Proposed Lot 1; thence,
12. South 88°11'02" West along the south property line of Proposed Lot 1, a distance of
20.00 feet, to a point; thence,
13. North 02°39'15" West, a distance of 20.66 feet to a point; thence,
14. North 19°46'57" West, a distance of 466.36 feet to a point; thence,
15. North 25°35'07" East, a distance of 46.87 feet to a point; thence,
16. North 62°13'45" East along the aforementioned Southeasterly line of lands of
Overlook at West Hill II Housing Development Fund Corporation, a distance of
33.51 feet to the Point of Beginning, containing 16,590 square feet, more or less.
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All as shown on a map prepared by Passero Associates, entitled "Map Showing Proposed
20' Watermain Easement to the Town of Ithaca", dated March 1, 2016.
Being a portion of lands conveyed by Cornell University to Cayuga
Meadows Housing Development Fund Company, Inc. by Deed
dated of even date herewith and recorded in the Tompkins County
Clerk's Office immediately prior to this Easement.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures (except for roads, buildings and other structures to be
constructed, used and maintained on or beneath the surface of the Premises in
accordance with permits and approvals issued by Grantee that explicitly reference
the aforesaid permanent easement) shall be constructed within the aforesaid
permanent easement and right-of-way which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to
excavate, install, lay, construct, operate, make observations of, inspect, maintain,
alter,improve,repair,remove,replace or change the size of any water mains,laterals,
collectors,lines and pipes, and other and related appurtenances and devices.
AND,Grantor further covenants and agrees:
1. Grantor,for itself and all of its successors and assigns,covenants and agrees
that no building or structures (except for roads,buildings and other structures to be
constructed, used and maintained on or beneath the surface of the Premises in
accordance with permits and approvals issued by Grantee that explicitly reference
the aforesaid permanent easement) shall be constructed or placed within the
aforesaid permanent easement and right-of-way which will in any way interfere
with complete access by the Town, its successors, assigns, employees and agents to
excavate, install, lay, construct, operate, make observations of, inspect, maintain,
alter,improve,repair,remove,replace or change the size of any water mains,laterals,
collectors, lines and pipes, and other and related appurtenances and devices.
2. Grantor,for itself and all of its successors and assigns,covenants and agrees
that, except for trees or other plants to be installed and maintained on or beneath the
surface of the Premises in accordance with permits and approvals issued by Grantee
that explicitly reference the aforesaid permanent easement, no trees or other plants
will be planted or cultivated that may interfere with the said easement and right-
of-way.
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3. Grantor, for itself and all of its successors and assigns, covenants and
agrees that, except to the extent necessary for the construction, use and
maintenance of buildings and other improvements on the Premises in accordance
with permits and approvals issued by Grantee that explicitly reference the
aforesaid permanent easement, it will not permit or conduct any mining,
excavation, construction or blasting within said easement and right-of-way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that, except during the construction or maintenance of buildings,
foundations and other improvements to be constructed, used and maintained on
or beneath the surface of the Premises in accordance with permits and approvals
issued by the Grantee that explicitly reference the aforesaid permanent easement,
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.
5. Grantor, for itself and all of its 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 water easement and right-of way to convey
rights to the Town of Ithaca for water purposes, including the conveyance of
rights to said Town to excavate, install, lay, construct, operate, make
observations of, inspect, maintain, alter, improve, repair, remove, replace or
change the size of water mains, laterals, collectors, lines and pipes, and other
and related appurtenances and devices, together with the rights of free ingress
and egress in, over, across, upon and under the below-described permanent
easement and right-of-way, and including the right to trim and/or remove
trees, shrubs and other obstructions, all of which rights are (1) set forth in a
permanent easement and right-of-way granted to the Town, the terms,
obligations and conditions of which are expressly incorporated herein, and (2)
assignable by the said Town to any successor or assign, or to any improvement
district(s) now existing or hereafter to be formed."
6. The parties acknowledge the existence of a Water Easement to the Grantee
dated September 7, 1984 and recorded September 24, 1984 in the Tompkins
County Clerk's Office at Liber 604 of Deeds, page 752 that encumbers the
Premises and adjacent property (the "Existing Easement"). The parties agree
that upon the Town of Ithaca Town Board's acceptance by resolution of the
relocated and newly installed water lines within the easement area described
herein, the Existing Easement shall be void and of no further force and effect
with respect to the Premises.
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AND THE TOWN DOES COVENANT that
1. Grantee will at all times, when it enters the Premises for any purpose
related to the permanent easement as granted by this instrument, leave the
Premises in a neat and presentable condition, returning the Premises as nearly as
practicable to its condition before such entry.
2. Grantee shall not allow any claim, lien or other encumbrance arising from
its use of the easement area to accrue against or attach to the easement premises
or any other portion of the Grantor's property, but if any lien or notice of lien is
so filed, the responsible party shall promptly bond and discharge any lien or
notice of lien that may be so filed. Grantor shall send to Grantee timely written
notice of any lien so filed of which Grantor itself has notice, and Grantee shall
send to Grantor timely written notice of any lien so filed of which Grantee itself
has notice.
AND FURTHER, Grantor and the Town acknowledge that the easement and
right-of-way hereby granted are fully assignable by the Town to any successor or
assign, or to any existing or future improvement district(s), without prejudice or
recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns forever, it being the intent of the Grantor to have this
easement and all related rights-of-way herein expressed run with the land forever,
and be permanent and perpetual.
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IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands
and seals the day and year first above written.
CAYUGA MEADOWS HOUSING TOWN OF ITHACA
DEVELOPMENT FUND COMPANY, INC.
4j
By: JQBy: Cv
Cheryl Jtulin William D. Goodman
Vice President Supervisor
CV AT CAYUGA MEADOWS, LLC
,JM: C�tvtrCf ��E 4�T tri LL�
By.
Cheryl 1pin
Senior Vice President
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State of New York )
County of Monroe ) ss.:
On the day of in the year 2016 before me, the undersigned,
personally appeared Cheryl Stulpin, 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.
Notary Public
HEATHER SALATINO
NOTARY PUBLIC,STATE OF NEW YORK
QUALIFIED IN MONROE COUNTY
COMMISSION EXPIRES APRIL 17,20 �[
State of New York )
County of Tompkins ) ss.:
On the day of in the year 2016 before me, the undersigned,
personally appeared William D. Goodman 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 cted executed th instrument.
Notary Public
PAULETTE TERWILLIGER
Notary Public,State of New York
No.01 TE6156809
Qualified in Tompkins County
Commission Expires December 4,20J_Z
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2016-04866 05/06/2016 02:11:25 PM
Map Showing Proposed 20' Watermain P.O.C.
Easement to the Town of Ithaca sd�s6
e��O Q-' F >116 9.96 d°
� �e .p �A• F
o�
TAX ACCOUNT NO. 24.00-04-014.23
N/F OVERLOOK AT WEST HILL II ss
HOUSING DEVELOPMENT FUND gS 'gyp \S
CORPORATION FILED AS INSTRUMENT 45�P�FR s62
NUMBER 468655-002, PARCEL 1. ALS S6�P 08
KNOWN AS PARCEL C
1O TAX ACCOUNT NO.
24.00-04-005.1
\ 0,� N/F NEW YORK STATE
ELECTRIC & GAS
s�o\ -P CORPORATION
N62'13'45"E °a� 4
33.51' LOT 2
N25'35'07"E
46.87' / 4, L
00, L
°gyp.0
/ P.O.B. WATERMAIN EASEMENT
PS 0
.00, S25'35'07"W 0
65.40'
519'46'57"E
\ 123.57'
a�\-o
0 PP PROPOSED RELOCATION OF p0
\\ 20' WIDE WATER MAIN 7`0
EASEMENT DESCRIBED IN
\ \ DEED LIBER 604 PAGE 752, 0 O `
\ N70'13'03"E PROPOSED AREA = -A a j`
\\2p6 23.34' 16,590± SO. FT. 00.
o
S19'46'57"E a t,\
\� 20.00' o �0
Vo
\ '4
\ 570'13'03"W o.
\\ \\ 23.34' A 0
7
'n t,\ \
7
FF O\\ \\\ S19'46'S7"E
\ 242.36' TAX ACCOUNT NO. 24.00-04-05.2
N19'46'57"W� N/F CORNELL UNIVERSITY
466.36'
1 \
S19'46'57"E \
\ \ 20.00'
\ \
\ \ N70'13'03"E
264.01'
RfPP
S70'1 3'03"W T
S19'46'57"E 264.01'
\ 55.07'
N2'39'15"W \ S2'39'15"E
20.66' \ 23.96'