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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 #: 2016-04869
Pages Fee $35.00
State Surcharge $20.00 Transfer Tax #: 001610
Total Fees Paid: $75.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:28 PM with
a total page count of 7.
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
2016-04869 05/06/2016 02:11:28 PM
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PERMANENT STORMWWATER AND ACCESS EASEMENT
THIS INDENTURE is made,4this,lday of WCLq 2016 by and
between Cayuga Meadows Housing Development FuA 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
part of tax parcel number 24.4-5.2, located in the Town of Ithaca, Tompkins
County, New York, commonly known as Cayuga Meadows (the "Premises").
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar
v
N ($1.00) and other good and valuable consideration paid by the Town, the receipt
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and sufficiency of which are hereby acknowledged by the Grantor and the Town,
E Q z does hereby grant, remise, relinquish and release unto the Town, its successors and
Im 10 o, - assigns forever, an EASEMENT to excavate, install, lay, construct, operate, make
r- o,E a observations of, inspect, maintain, alter, improve, repair, remove, replace or change
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a J o 0 o the size of stormwater, drainage and/or sediment control facilities, including
X J Fj °' M ditches, ponds, 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 parcel of land, and including
the right to trim and/or remove trees, shrubs and other obstructions upon said
parcels of land that interfere with the Town's rights under this easement, such
parcel being the area of the permanent easement herein granted, situate in the
Town of Ithaca, County of Tompkins and State of New York, all as more
particularly bounded and described as follows:
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"ITrumansburg 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
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lands now or formerly of Overlook at West Hill II Housing Development Fund
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 673.35 feet to the Point
of Beginning; thence,
1. South 62°13'45" West, along the southeasterly line of said lands of Overlook at
West Hill II Housing Development Fund Corporation, a distance of 320.00 feet to a
point, said point being on the easterly line of lands now or formerly of Ithaca Land
Holdings,LLC; thence,
2. South 19°02'16" East, along said Easterly line of lands of Ithaca Land Holdings,
LLC, a distance of 317.50 feet to a point; thence,
3. South 02°39'15" East, along the easterly line of lands now or formerly of GY
Corporation, a distance of 149.47 feet to a point; thence, the following five courses
through lands of Cornell University.
4. North 88°11'02" East, a distance of 440.58 feet to a point; thence,
5. North 19°46'57" West, a distance of 478.13 feet to a point of curvature; thence,
6. Northwesterly, along a curve to the left, having a delta of 24° 30' 11", a radius of
120.00 feet, and an arc length of 51.32 feet to a point; thence,
7. North 44°17'07" West, a distance of 69.40 feet to a point of curvature; thence,
8. Northwesterly, along a curve to the right, having a delta of 16° 30' 52", a radius of
180.00 feet, and an arc length of 51.88 feet to the Point of Beginning, encompassing
4.796 acres, more or less.
Intending to describe Lot 1 as shown on a map entitled "Subdivision Map Cayuga Meadows
Senior Housing Development dated December 8, 2009 and most recently updated on
February_, 2016, prepared by Passero Associates," filed in the Tompkins County Clerk's
Office.
Being the 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 further hereby grants and
releases unto the Town, its successors and assigns forever, an EASEMENT
for access by vehicles, persons and equipment over the Premises, for the
purpose of accessing the aforementioned stormwater easement.
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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 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.
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.
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 and access easement to convey
rights to the Town of Ithaca for stormwater, drainage, sediment control and
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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 including a right to trim and/or remove
trees, shrubs and other obstructions that interfere with the Town's rights under
said stormwater and access easement, all of which rights are (1) set forth in a
permanent easement 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 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 easement unto the Town, its successors and
assigns forever, it being the intent of the Grantor to have this easement 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.
By: By:
Cheryl Sklpfn William D. Goodman
Vice President Supervisor
CV AT CAYUGA MEADOWS, LLC
By. C4j,r5g Plea�ws iv�� naJ J Wle, -0� Lc_.
By:
Cheryl Stul in
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
OUALJFIED IN MONROE COUNTY
COMMISSION EXPIRES APRIL 17,20lq
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 the instrument.
Ndfary Public
PAULETTE TERWILUGER
Notary Public,State of New York
No.01TE6156809
Ouelbled in Tompkins County
C mmission Expires December 4,
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