HomeMy WebLinkAbout2016-04868 W�s c IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
ti;i{i{r
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: AGREEMENT - DEED Receipt Number: 16-125882
Grantor(Party 1) Grantee (Party 2)
TOWN OF ITHACA CV AT CAYUGA MEADOWS LLC
Fees Transfer Amt: $1.00
Recording Fee $20.00 Instrument #: 2016-04868
Pages Fee $90.00 Transfer Tax #: 001609
State Surcharge $20.00
Total Fees Paid: $130.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:27 PM with
a total page count of 18.
Tompkins County Clerk
This sheet constitutes the Cleric's endorsement required by section 319 of the Real Property Law of the State of New York
Do Not Detach
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement -( 2016)
OPERATION, MAINTENANCE, AND REPORTING AGREEMENT
THIS AGREEMENT is effective thisVgday of K , 2016, by and between the
TOWN OF ITHACA,a municipal corporation with offices at 215 orth Tioga Street,Ithaca,New
York 14850 (the "Town"), CV at Cayuga Meadows, LLC, a New York limited liability company,
with offices at 1000 University Avenue, Suite 500, Rochester,New York 14607("Developer")and
Cornell University, an education corporation chartered by the State of New York, c/o Real Estate
Department, Box DH-Real Estate, Ithaca,New York 14853 ("Cornell").
WITNESSETH:
WHEREAS,Developer's predecessor in interest received final site plan and final subdivision
approval for Cayuga Meadows (the "Approval") from the Town's Planning Board by resolution
number 2013-046 dated November 19,2013,being a portion of tax parcel 24.4-5.2 in the Town of
Ithaca, Tompkins County, New York and shown as Lot 1 on a survey entitled Subdivision Map:
0 o N Cayuga Meadows Senior Housing Development,dated February 2016,filed in the Tompkins County
J v Clerk's Office on March 4, 2016 as Instrument #2016-02320 (the "Development"); and
oltF > z
o u) 2 . WHEREAS, such Approval was granted conditionally upon the construction, maintenance
,5XZ) rnS
c o, E w and implementation of approved stormwater facilities and/or other stormwater management
0 J O to Cn L practices, submission of stormwater inspection reports,and an agreement with the Town regarding
vrnw the same;
WHEREAS, said approved stormwater facilities cannot be properly sited on the
Development property;
WHEREAS,in furtherance of the Approval,Cornell has agreed to provide the Town with the
permanent stormwater easement and right of way attached hereto as Exhibit A over a portion of tax
parcel 24.4-5.2 being retained by Cornell,on condition that as between Cornell and Developer,that
Developer assume responsibility for the construction, maintenance, inspection and reporting
obligations related to said stormwater facilities, all as further described herein; and
WHEREAS,Town requires that Developer and Cornell remain jointly and severally liable for
the construction,maintenance, inspection and reporting obligations described herein as a condition
of accepting the stormwater easement.
NOW,THEREFORE,in consideration of the granting of the Approval and in furtherance of
the public purposes of providing adequate stormwater retention and maintenance,the parties agree as
follows:
1. Construction of Facilities and Implementation of Practices.
(a) The Developer and Cornell jointly and severally agree they are responsible to construct
Page 1 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement -( _ ,2016)
all of the stormwater management facilities, erosion and sedimentation control facilities and storm
drainage facilities(collectively referred to as the"Facilities")shown on the final plans which are part
of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the
foregoing, the Developer and Cornell jointly and severally agree to construct, at their expense:
(i) The stormwater facilities consisting of a stone lined swale, stormwater pipes,
dissipation pool, rip rap spillway and associated grading, which shall be located
substantially as shown on the Final Site Development Plans for Cayuga Meadows Senior
Housing Development, Sheets C 101 through C 105, prepared by Passero Associates, dated
December 2011 and last revised December 1, 2015 (referred to in this Agreement as the
"Drawings"); and
(ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures,
manholes, and all other drainage-related facilities and structures, whether above or below
grade, which shall be located substantially as shown on the Drawings; and
(iii) Such future Facilities as may be required to be constructed by applicable laws,
rules, or regulations.
(b) The Developer and Cornell further agree to implement, at their expense, all approved
stormwater management practices("Practices"),in addition to the Facilities,that are required as part
of the Approval, and such future Practices as may be required by applicable laws, rules, or
regulations.
(c) All of the Facilities and Practices in subparagraphs(a)and(b)above shall be constructed
and implemented as shown on the Drawings, in accordance with good engineering practice and
applicable New York State standards and specifications, and to the reasonable satisfaction of the
Town Engineer.
2. Inspection, Maintenance and Repair of Facilities and Practices. The Developer and
Cornell jointly and severally agree for themselves, their legal representatives, successors and
assigns and any other persons or entities who obtain title to or an interest in any portion of the
properties on which any of the Facilities or Practices are located, such agreement being expressly
intended to run with the land and be binding forever, to operate, maintain and repair the Facilities
and Practices to insure that they continue to function for their intended purpose and as designed.
In furtherance of such obligation, and without limiting the obligations set forth in the preceding
sentence, the Developer and Cornell agree to follow the maintenance plan for regular and
recurring inspections and maintenance of the Facilities and Practices which is part of the
Approval and is set forth in the approved Stormwater Pollution Prevention Plan (SWPPP)
prepared by Passero Associates dated December 2011, last revised February 2012. In addition,
the Developer and/or Cornell shall perform such other inspections, maintenance and repair as
may be reasonably required by the Town Engineer in order to assure the continued operation of
the Facilities and Practices as intended and designed. The Developer and/or Cornell, at their own
expense, shall perform all of the foregoing inspections, maintenance and repair and any other
inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices
Page 2 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cavuga Meadows) Stormwater Maintenance Agreement —( 2016)
functioning in a good and workmanlike manner.
3. Town Inspections, Repair and other Activities. Cornell shall grant to the Town the
permanent easement and right-of-way which is attached to this Agreement as Exhibit A. Cornell
agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the
purposes of observing and inspecting the Facilities and Practices at any time and from time to time as
may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other
officers or employees of the Town,and to make repairs to and undertake other actions regarding the
Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such
inspections,the Town Engineer will notify Cornell and the Developer in writing,and the Developer
and Cornell shall cause needed repairs to be made and/or needed maintenance performed within the
number of days set forth in such notice. If the Developer and/or Cornell fail to complete the repairs
and/or maintenance to the reasonable satisfaction of the Town Engineer within the required period,
the Town reserves the right (but does not have the obligation) to have the repairs made and/or
maintenance performed and will charge the Developer and Cornell for the cost of such repairs and
maintenance. The Developer and Cornell agree they are jointly and severally responsible to pay for
such repairs and maintenance within 10 days after demand for same. Notwithstanding the foregoing,
if an emergency exists requiring immediate action,Cornell and the Developer hereby authorize the
Town, its officers, agents, contractors and employees, to enter upon the property and effect
emergency repairs to and perform emergency maintenance on, and/or to alter, remove, replace, or
change the size of,any portion of the Facilities or Practices in the event of a threat to the safety of the
Facilities, Practices or properties adjacent to or downstream of any portion of the Facilities or
Practices, with the cost of such activities to be reimbursed by the Developer and/or Cornell to the
Town within 10 days of demand for same, Developer and Cornell being jointly and severally liable
for such costs. When any portion of any Facility or Practice is located off-site or on the property of a
third party, the Developer and Cornell, at their sole cost and expense, shall obtain easements and
rights-of-way thereto acceptable to the Town.
4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities
as described in paragraph 3 above and issues a demand for reimbursement,and the Developer and/or
Cornell dispute either the need for the repairs/activities or the cost of the repairs/activities, the
Developer or Cornell or both(as applicable),in lieu of paying the amount demanded shall,within 10
days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest
stating that the need for the repairs/activities,or cost,or both, is in dispute and concisely stating the
basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any
claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed,
the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board
which,based upon any relevant materials presented by the Town Engineer and the Developer and/or
Cornell, shall issue a resolution determining the dispute within 10 days after the hearing. Such
resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the
resolution to Cornell and the Developer,within five days after such filing,at the address for Cornell
and the Developer set forth at the outset of this Agreement or at such other address as Cornell or the
Developer may designate in writing to the Town Clerk and Town Engineer. If the Developer and/or
Cornell disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York, provided such proceeding is commenced within
Page 3 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement ( 2016)
30 days of the filing with the Town Clerk of the decision of the Town Board. The Developer and
Owner agree to the shortened statute of limitations of 30 days within which it must assert its claims
in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an
agreement with the decision of the Board.
5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency
activities as described in paragraph 3 above and the Developer and/or Cornell fail to reimburse the
Town for the cost of said repairs/activities within 10 days after the demand for same,or,if contested
by the proceedings set forth above, fail to so reimburse within 30 days of the filing of the final
decision on the contest determining the amount due to the Town, then such unpaid costs, expenses
and interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a
lien upon the land on which the Facilities or Practices are located. The Town may bring a legal
action or proceeding against Developer and/or Cornell,as applicable,to collect such costs,expenses,
interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with the Tompkins County
Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid,
together with a statement identifying the property and Cornell so that the Tompkins County
Department of Assessment shall in the preparation of the next assessment roll assess such unpaid
costs, expenses and interest upon such property. Such amount shall be included as a special ad
valorem levy(administered as a move tax)against such property,shall constitute a lien,and shall be
collected and enforced in the same manner,by the same proceedings,at the same time,and under the
same penalties as are provided by law for collection and enforcement of real property taxes in the
Town of Ithaca.
Cornell agrees that the assessment of such costs,expenses and interest shall be effective even
if the property would otherwise be exempt from real estate taxation.
In any action or proceeding brought hereunder, the prevailing party shall be entitled to
recovery from the other party of its reasonable costs in prosecuting or defending any action,
including reasonable attorneys' fees. The prevailing party shall be determined by the court
determining the matter. "Prevailing party"shall mean a party which is awarded all or substantially
all of the relief demanded by such party.
6. Inspection Reports. The Developer and/or Cornell shall submit an annual stormwater
inspection report to the Town Engineer on or before the first day of October of each year, with the
first report being submitted the first October following the issuance of the Building Permit.
Notwithstanding the foregoing,Developer and/or Cornell shall submit stormwater inspection reports
on a more frequent basis or on a different timetable where required by the Approval or by law,rule
or regulation. Such reports shall, at a minimum, include the location of the property, contact
information for the submitting party, a summary of completed inspections and results of such
inspections,and a summary of any maintenance activities or corrective actions undertaken. Reports
shall be signed by the submitting party or other legally responsible party, and shall attest to the
accuracy of the information provided in the report. Failure to submit the reports,or the submission
of inaccurate reports,shall constitute a condition of non-compliance with the final site plan and final
subdivision Approval and be subject to enforcement as outlined below.
Page 4 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement
7. Alterations and Discontinuation of Facilities and Practices. Neither Developer nor Cornell
shall authorize,undertake or permit alteration,abandonment,modification or discontinuation of the
Facilities or Practices except in accordance with written approval of the Town and pursuant to any
applicable requirements for modification of the final site plan and final subdivision Approval.
8. Additional Requirements. The Developer and Cornell shall comply with all Town of
Ithaca stormwater operation,maintenance or reporting local laws,ordinances and regulations as they
now exist or are hereafter added or amended. The parties agree to amend this Agreement as
necessary to incorporate the requirements of any new or amended laws, ordinances or regulations.
9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk
and when recorded shall be referenced to the deeds for tax parcel 24-4-5.2. The costs of recording
and referencing to affected deeds and parcels of land shall be the responsibility of the Developer
and/or Cornell.
10. Binding Effect and Enforcement.
(a)Cornell,the Developer,their legal representatives,successors and assigns,and any
other persons or entities who obtain title to or an interest in any portion of the Development
property or the properties on which any of the Facilities or Practices are located shall be
bound by the terms of this Agreement, as applicable. Cornell and the Developer, as
applicable shall execute whatever documents are reasonably necessary to make this
Agreement binding on any persons or entities who obtain title to, or an interest in, any
portion of the properties on which any of the Facilities or Practices are located.
(b) Failure to comply with any of the requirements of this Agreement shall,without
limiting the remedies otherwise available to the Town, constitute a condition of non-
compliance with the site plan and subdivision Approval, shall be deemed a violation of the
Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-
239 of the Town of Ithaca Code and Section 268 of the Town Law.
11. Representation as to Authority. Each of the persons executing this Agreement on behalf
of the parties represents that he or she has full authority to execute the same on behalf of his or her
party, and that by his or her execution,the party for which he or she is executing this Agreement is
fully bound by its terms.
12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or
responsible for any injury to persons or damage to property due to the Town's actions,or failures to
act,under or pursuant to this Agreement,unless it is proven to a reasonable degree of certainty that
such injury or damage was caused by a reckless or intentional wrongful act of the Town, or, where
Cornell and Developer are not in breach of this Agreement and no emergency situation exists,by the
Town's negligence. The Developer and Cornell each respectively agree to indemnify and hold
harmless the Town and its elected officials,employees,agents,subcontractors and consultants for all
damages, losses and claims that arise out of the indemnifying party's and/or Town's actions or
Page 5 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement —( 20/6)
failures to act under or pursuant to this Agreement, except this indemnification shall not extend to
the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the
Town or, where Cornell and Developer are not in breach of this Agreement and no emergency
situation exists,by the Town's negligence. Such indemnity shall include the costs of defending any
action, including reasonable attorney fees, expert fees, and other litigation costs.
13. Waivers. Where the Town Board finds that, due to the special circumstances of a
particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be
granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its
minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this
Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the
character,appearance,or welfare of the neighborhood and any watercourses,watersheds,or surface
waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver
would result in undue hardship,provided that such hardship has not been self-imposed; and(5)the
waiver is the minimum necessary degree of variation from the requirements of this Agreement.
14. Assignment. The Town may assign this Agreement and any of its rights, duties and
obligations to any successor entity or governmental institution, or to any one or more drainage or
other districts hereafter created by the Town. Developer may assign its rights,duties,and obligations
to any successor entity that acquires ownership of the Cayuga Meadows Senior Housing project(Lot
1 on Exhibit A), upon thirty (30) days prior written notice to Cornell and Town.
15. Severability. In the event that any portion of this Agreement is declared invalid by a
court of competent jurisdiction,the validity of the remaining portions shall not be affected by such
declaration of invalidity.
16. In the event that Cornell or its successors or assigns desire to(1)relocate the stormwater
easement or(2)make use of said stormwater easement to accommodate any future development,all
in accordance with plans and specifications approved by the Town,the parties agree to renegotiate
this Agreement as may be needed and as deemed appropriate by the parties to equitably allocate
future maintenance costs among Cornell, Developer and/or other private parties.
Page 6 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormater Maintenance Agreement ( 20/6)
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and
year first above written.
TOWN OF ITHACA
By: zlj�tU7't b-241.'41
Date William D. Goodman
Supervisor
CORNELL UNIVERSITY
By: c�
Date Joanne M. DeStefano
Executive Vice President and CFO
CV AT CAYUGA MEADOWS, LLC
By: Cayuga Meadows, Managing Member, LLC
By: Conifer Realty, LLC
By:
Date Cheryl Stulpin
Senior Vice President
Page 7 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) StormHater Maintenance Agreement -( 2016)
IN WITNESS WHEREOF,the parties have executed this Agreement effective the day and
year first above written.
TOWN OF ITHACA
By:
Date William D. Goodman
Supervisor
CORNELL UNIVERSITY
By:
Date
CV AT CAYUGA MEADOWS, LLC
By: Cayuga Meadows, Managing Member, LLC
By: Conifer Realty, LLC
By:
Date Cheryl S 1pi
Senior Vice President
Page 7 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Cayuga Meadows) Stormwater Maintenance Agreement —( 2016)
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the 14 day of M a-� 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(s)acted, executed the instrument.
SUSAN HAJDA BROCK
Notary Public, State of New York R
No. 4955730 114d—
Qualified in Tompkins Col inty Notary Public
Commission Expires Septemher 5, 20 1 -7
STATE OF NEW YORK :
COUNTY OF TOMPKINS : ss.:
On the I-t" 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
1-1 o. 233fs287
Qualified in Tompkins County a01`►
Commission Expires November 30, l�A
Notary Pub c
STATE OF NEW YORK
COUNTY OF MONROE : ss.:
On the " day of 1�t 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
Page 8 of 8
06/24/11
2016-04868 05/06/2016 02:11:27 PM
(Ca)uga Meadows) Stormw•ater,Maintenance Agreement -( _ 20/6)
STATE OF NEW YORK
COUNTY OF TO1MPPKINS : 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(s) acted, executed the instrument.
Notary PubligAULETTE TERWU.UGER
Notary Public.State of New York
STATE OF NEW YORK omofi d n1 Tompkins county
COUNTY OF TOMPKINS : ss.: emwn�1Or'Expires Dwembel•4,
On the day of in the year 2016 before me, the undersigned,
personally appeared 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
STATE OF NEW YORK
COUNTY OF MONROE : ss.:
On the �_ day of M 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.
`l
Notary Public
HEATHER SALATINO
Page 8 of 8 NOTARY PUBLIC,STATE OF NEW YORK
QUALIFIED IN MONROE COUNTY
COMMISSION EXPIRES APRIL 17,20
06/24/11
2016-04868 05/06/2016 02:11:27 PM
PERMANENT STORMWATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this S day of VO r ,2016 by and between
Cornell University,an education corporation chartered`by 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
oW RIGHT-OF-WAY to excavate,install,lay,construct,operate,make observations of, inspect,
C J �° maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage
a z Q >z and/or sediment control facilities, including ditches, ponds, together with any and all
0: o0) P ':
06 X D rn 4) necessary or desirable related appurtenances and devices, together with the rights of free
€ c as ingress and egress in, over, across, upon, and under the below-described parcels of land,
U J
N U
(D .90 o such parcels being the areas of the permanent casement and right-of-way herein granted,
W_ J 0 °' 0: 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°38'29"East,along said centerline of Trumansburg Road,a distance of 273.14
feet to a point; thence,
B. South 50054'15" 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 c9mer
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,
t
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,
l i
i
l
2016-04868 05/06/2016 02:11:27 PM
I
2. South 39°22'45"West, a distance of 59.94 feet to a point; thence,
3. South 84°28'29" 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°22'45" West, a distance of 47.17 feet to a point; thence,
7. North 50037115" 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 19°46'57" 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 19°46'57" West, a distance of 18.61 feet to a point; thence,
13.North 39°2245" 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.
2
I
2016-04868 05/06/2016 02:11:27 PM
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, t
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
3
i
2016-04868 05/06/2016 02:11:27 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. By:
Jo ne M. DeStefano William D. Goodman
E ecutive Vice President and CFO Supervisor
4
2016-04868 05/06/2016 02:11:27 PM
State of New York )
County of Tompkins ) ss.:
On the 94' 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 Now York
(� No.2398287
y/ Qualified in Tompkins County
Commission Exoires November 30, 20(7
Not4y Pub
State of New York )
County of Tompkins ) ss.:
On the I y i`� day of M kv-1 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.
,L—L-^- B,t.atc� SUSAN HAJDA BROCK
Notary Public Notary Public, State of New York
No. 4955730
Qualified in Tompkins County
Commission Expires September 5, 20 t
I
5
2016-04868 05/06/2016 02:11:27 PM
EXHIBIT A
6 i
I
i
2016-04868 05/06/2016 02:11:27 PM
• Map Showing Proposed 35' Wide Drainage
Easement To Cayuga Meadows Senior Housing
ANGLE POINT
V-R.O.W.
ANGLE POINT 53972'43"W
(j R.O.W.
33.00'
P.O.B. DRAINAGE
EASEMENT
53922'45"W
59.94'
S50'54IWE S84'26'29'E
296.06'a 5S0'36'27'E
107.56'
0 79.63a R
y350.8•}96'
P.O.C. ,3,29"E Aq�
3
273.14'
R.O.W.-
Trumansburg Road
Rout* 96 6 a/'a me
_ -R.O.W.—
3
Iron Pipe Fnd y, g o
1= 0.11'Saute ;:� N64Z8.29'W Repo found a I
=d 0.15'WestK s t S f v- 150.78' 0-01'North
0.01'East ^
TAX ACCOUNT N0. ty£pr J `riTAX ACCOUNT Ma
24.00-04-OOS.1 :;r;:`,.�:� r 't ;. 24.00-04-05.3
NEW YORK
STATE ELECTRIC S39'22'4S'W N/7 JOHN R.ECRER
AND MARY JO ECXER
GAS CORPORATION 47.17' a
e? N50'37'15'W
44.63'
�t:, .�
N39 22'45'E c.:;; $39.52'45'w
780.81' 670.50' 20'MAGE SANITARY
SEWER EASEMENT
CENTERED ON THE
t' SANITARY SEWER
B$
PIPE AS DESCRIBED
\ Q4 y N DEED INSTRUMENT
TAX ACCOUNT Na 24.00-04-05.2 N0. 466635-001
N/f CORNEIL UNIVER511Y *`+.
PROPOSED 35 WOE
+'P`'; DRAINAGE EASEMENT TO
4,f �Q• '%'K.?�;;y;, THE CAYUGA YEAOONMS 4�
N19'46'57W SENIOR NOUSIMC AND TOM i
F.
i
_ \ 18.61' OF IAREA O
37.04544" FF T.S0. g
TB0. N70�3.03-E '
4y0 42.50'
Oq\ S70M3'OS'W
LOT 1 �w 42.50'
TAX ACCOUNT NO. 24.00-04-062 1C4 TAX ACCOUNT NO.24.00-04-05.2
N/F CORNELL LWVERSITY ?'9'46'STW N/F CORNELL UNIVERSITY
N1o' '
22.15' i
N
Passero AssociatesCAYUGA MEADOWS client. Scale:
DNW REALTYLLC : 02-17-2016
242 West Main St.,Suite 100,Rochester,NY 14614 SENIOR HOUSING 163 EtWK491STREff PIC.John Caruso P.E.
585-325.1000 FAX:565-760-8580 DEVELOPMENT R0015"II KY'14604 PM:Rob A.Veno PLS
www.passem.com TRUMA14BERG ROAD Drafted By:R.D.C.
Engineering Surveying RHACA.NY 14850 Project No.
Architecture Plannktg 120080511.0002
I