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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)
CORNELL UNIVERSITY TOWN OF ITHACA
Fees Transfer Amt: $1.00
Recording Fee $20.00 Instrument #: 2016-04867
Pages Fee $40.00
State Surcharge $20.00 Transfer Tax #: 001608
Total Fees Paid: $80.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:26 PM with
a total page count of 8.
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
2016-04867 05/06/2016 02:11:26 PM
PERMANENT STORMWATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made,this_S day of FM 4, ,2016 by and between
Cornell University, an education corporation charter y the State of New York, c/o Real
Estate Department, Box DH-Real Estate, Ithaca, New York 14853 ("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 28.9 acres, identified as tax parcel
number 24-4-5.2, located in the Town of Ithaca, Tompkins County, New York (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 and sufficiency of
which are hereby acknowledged by the Grantor and the Town, does hereby grant, remise,
relinquish and release unto the Town, its successors and assigns forever,an EASEMENT and
o v o v RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect,
J w � maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage
a s Q > z and/or sediment control facilities, including ditches, ponds, together with any and all
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=) 0) 4) necessary or desirable related appurtenances and devices, together with the rights of free
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o T C w t ingress and egress in, over, across, upon, and under the below-described parcels of land,
a -J Om o such parcels being the areas of the permanent easement and right-of-way herein granted,
W J v Q' X 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 in a portion of Military Lot 87, in
the Town of Ithaca, County of Tompkins, and State of New York, being a part of Tax
Parcel 24-4-5.2, 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°3829"East,along said centerline of Trumansburg Road,a distance of 273.14
feet to a point; thence,
B. South 50'54'15" East, continuing along the centerline of Trumansburg Road, a
distance of 296.06 feet to a point; thence,
C. South 39°22'45" West, a distance of 33.00 feet to a point at the Northeasterly corner
of lands now or formerly of New York State Electric and Gas Corporation, Tax Parcel
Number 24.-4-5.1, said point also being the Point of Beginning; thence,
1. South 50°36'27" East, along the Westerly right-of-way line of Trumansburg Road,
a distance of 79.63 feet to a point; thence,
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2. South 39°2245" West, a distance of 59.94 feet to a point; thence,
3. South 84°2829" East, a distance of 107.56 feet to a point, said point being on the
Westerly right-of-way of Trumansburg Road; thence,
4. South 50°36'27" East, along said Westerly right-of-way line of Trumansburg Road,
a distance of 35.89 feet to a point; thence,
5. North 84028'29" West, a distance of 150.78 feet to a point; thence,
6. South 39°2245" West, a distance of 47.17 feet to a point; thence,
7. North 50037'15" West, a distance of 44.63 feet to a point; thence,
8. South 39°22'45" West, a distance of 670.50 feet to a point; thence,
9. South 70'13'03- West, a distance of 42.50 feet to a point of intersection with the
Easterly line of a proposed 60 feet wide right-of-way to be dedicated to the Town of
Ithaca; thence the following three courses along said Easterly line;
10. North 19046'57" West, a distance of 22.15 feet to a point; thence,
11. North 70013'03" East, a distance of 42.50 feet to a point; thence,
12. North 19046'57" West, a distance of 18.61 feet to a point; thence,
13. North 3902245" East, a distance of 780.81 feet to the Point of Beginning,
encompassing 37,045 square feet, more or less.
All as shown on a map prepared by Passero Associates entitled "Map Showing Proposed
35' Wide Drainage Easement to Cayuga Meadows Senior Housing" dated February 17,
2016, which map is attached hereto as Exhibit A.
Being a portion of lands conveyed by the Grand Lodge of the Independent Order of Odd
Fellows of the State of New York and the Grand Lodge Independent Order Odd Fellows
Home and Orphanage of the State of New York to Cornell University by Deed dated
December 17, 1979 and recorded in the Tompkins County Clerk's Office on December 21,
1979 in Liber 575 of Deeds at Page 5.
Reserving unto Grantor(1)the right to cross,recross or otherwise use said easement and right
of way consistent with Grantor's covenants herein, provided that Grantor's actions do not
interfere with or otherwise affect the functioning of the stormwater,drainage and/or sediment
control facilities, and(2)the right to relocate said easement and right of way and the facilities
located thereon, in whole or in part, at Grantor's sole expense, in accordance with plans and
specifications approved by the Town.
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Grantor covenants and agrees that:
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 stormwater, drainage and/or
sediment control facilities, including ditches, ponds, 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.
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 stormwater easement and right-of way to convey rights
to the Town of Ithaca for stormwater, drainage, sediment control and stormwater
management 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 stormwater,drainage and/or sediment control
facilities, including ditches, ponds, 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
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2016-04867 05/06/2016 02:11:26 PM
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."
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.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and
seals the day and year first above written.
CORNELL UNIVERSITY TOWN OF ITHACA
By. ��-e By: G�A Q r
Jo e M. DeStefano William D. Goodman
E ecutive Vice President and CFO Supervisor
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State of New York )
County of Tompkins ) ss.:
On the 94k day of March in the year 2016 before me, the undersigned, personally
appeared Joanne M. DeStefano, 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 she executed the same in her capacity, and that
by her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
NANCY H. PAGLIARO
Notary Public, State of New York
9/ Quelific,d in Tompkins County
Commission E;;pires NovemWr 30,0(7
Notaly Pub
State of New York )
County of Tompkins ) ss.:
On the I y rL day of M 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 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.
SUSAN HAJDA BROCK
Notary Public Notary Public, State of New York
No. 4955730
Qualified in Tompkins County
Commission Expires September 5, 20 1
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EXHIBIT A
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Map Showing Proposed 35' Wide Drainage
Easement To Cayuga Meadows Senior Housing
ANGLE POINT
R.O.W.
ANGLE POINT S39'22'45•W
� R.O.W.
33.00'
P.O.B. DRAINAGE
EASEMENT
S39'22'45-W
59.94'
S50'54'15"E S84'28'29"E
296.06'
107.56'
550.36.27"E PP
f � S50'36'27'E
550'38'29-E 10 79.63'8 Rt 35.89'
P.O.C. / 273.14' i
R.O.W.- $
y+}% Trumansburg Road i
m
N.V.S. Route 96 B 1 JPP( Dme
R.O.W.—
_ 1
I >
` Iron Pipe Fnd
I p 0.11'SouthN84'Y8'29 W Rebar Found
i 0.01'North
m
I y 0.15'West ',r 150.78' 0.01'Eost
• N
V TAX ACCOUNT NO. TAX ACCOUNT NO.
3 24.00-04-005.124.00-04-05.3
N/F NEW YORKN/F JOHN R. ECKER
STATE ELECTRIC& '1 S39'22'45•W AND MARY JO ECKER U5
GAS CORPORATION 47.17' S
-;' N50'37'15"W m
A
o
N39'22'45•E j '{ S39'22'45"W o
780.81' 670.50' 20' WIDE SANITARY
IFFF SEWER EASEMENT o
CENTERED ON THE
SANITARY SEWER z
PIPE AS DESCRIBED
\ •ok• L ;1 IN DEED INSTRUMENT i
TAX ACCOUNT N0. 24.00-04-05.2f "f N0. 468635-001 �
N/F CORNELL UNIVERSITY
i
0-" PROPOSED 35'WIDE
`\p DRAINAGE EASEMENT TO
0 O' THE CAYUGA MEADOWS
N19'46'57"W SENIOR HOUSING AND TOWN i
18.61' OF ITHACA. AREA =
37,0451 FT. S0. O
�O/Cq�0�6p. N7013'03"E
\ J o
TO kr0 42.\50' m
E
S70-1 3-03-W $
LOT 1 F lO l0 42.50'
/;� LOT 2 m
F
TAX ACCOUNT NO. 24.00-04-05.2 A q TAX ACCOUNT NO. 24.00-04-05.2 g
N/F CORNELL UNIVERSITY 3•' N/F CORNELL UNIVERSITY g
N19'46'57•W o'
22.15' i
It
Passero Associates CAYUGA MEADOWS Client: 11•=80'
ODNIF6iRFALTYLLC Date: 02-17-2016
242 West Main St.,Suite 100,Rochester,NY 14614 SENIOR HOUSING 283 EAST KAMMEET PIC: John Caruso P.E.
585-325-1000 FAX:585 760 8580 DEVELOPMENT ROC O-n3L,KY.14W PM:Rob A.Vento PLS
www.passero.com Drafted By: R.D.C.
TRUMANSBERG ROAD
Engineering Surveying ITHACA,NY 14850 Project No.
Architecture Planning 20080511.0002