HomeMy WebLinkAbout2016-04870 �iNs �Q6 IIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII I II
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 CAYUGA MEADOWS HOUSING
DEVELOPMENT FUND COMPANY INC
Fees Transfer Amt: $1.00
Recording Fee $20.00 Instrument #: 2016-04870
Pages Fee $75.00
State Surcharge $20.00 Transfer Tax #: 001611
Total Fees Paid: $115.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:29 PM with a
total page count of 15.
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
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(Cayuga Meadows) Stormwater Maintenance Agreement -( -----,2016)
OPERATION, MAINTENANCE, AND REPORTING AGREEMENT
THIS AGREEMENT is effective this J 'day of M 0 , 2016, by and between the
TOWN OF ITHACA,a municipal corporation with offices at 215 h Tioga Street,Ithaca,New
York 14850 (the "Town"), and Cayuga Meadows Housing Development Fund 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 "Owner").
WITNESSETH:
WHEREAS, Owner'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 on tax parcel 24.4-5.2 in the Town of Ithaca,Tompkins
County, New York (the "Premises");
o N WHEREAS, such Approval was granted conditionally upon the construction, maintenance
CJ 0 v and implementation of approved stormwater facilities and/or other stormwater management
a s Q > z practices, submission of stormwater inspection reports, and an agreement with the Town regarding
of o cn o the same;
06XD O) o
c: a)
o a'�, w r WHEREAS, Cayuga Meadows Housing Development Fund Company, Inc. holds nominee
J
O p O
J v a, wo legal and record title to the Premises,and CV at Cayuga Meadows,LLC owns the beneficial interest
in the Premises to develop Cayuga Meadows,consisting of 4.796 acres,described as Lot 1 as shown
on a map entitled "Subdivision Map Cayuga Meadows Senior Housing Development" dated
February 2016,filed in the Tompkins County Clerk's Office on March 4,2016 as Instrument 42016-
02320 and, in furtherance of the Approval,they have agreed to provide the Town with the permanent
easement attached hereto as Exhibit A;
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 Owner agrees to construct 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 Owner agrees to construct, at its
expense:
(i) The stormwater facilities consisting of stormwater sewers and pipes, catch
basins, drains and underdrains, inlets swales, bioretention area, spillway, organic filter,
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(Cayuga Meadows) Stormwater Maintenance Agreement ( 2016J
associated grading, and control structures, which shall be located substantially as shown
on the Final Site Development Plans for Cayuga Meadows Senior Housing Development,
Sheets C 100 through C 105 and C200 through C202, 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 Owner further agrees to implement, at its 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 Owner agrees for
itself, its 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 Owner agrees 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 Owner
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 Owner, at its 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 functioning in a good and workmanlike manner.
3. Town Inspections, Repair and other Activities. Owner shall grant to the Town the
permanent easement which is attached to this Agreement as Exhibit A. Owner 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
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(Cayuga Meadows) Slormtiraler Mainlenance Agreement -(_ . _ 2016)
as set forth below. If maintenance deficiencies are found as a result of such inspections,the Town
Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made
and/or needed maintenance performed within the number of days set forth in such notice. If the
Owner fails 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 Owner for the cost of such
repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10 days
after demand for same. Notwithstanding the foregoing,if an emergency exists requiring immediate
action, the Owner hereby authorizes 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
Owner to the Town within 10 days of demand for same. When any portion of any Facility or
Practice is located off-site or on the property of a third party,the Owner,at its 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 Owner disputes
either the need for the repairs/activities or the cost of the repairs/activities, the Owner, 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 Owner,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 the Owner, within five days after such filing, at the address for the Owner
set forth at the outset of this Agreement or at such other address as the Owner may designate in
writing to the Town Clerk and Town Engineer. If the Owner 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 30 days of the filing with the Town Clerk of
the decision of the Town Board. The Owner agrees 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 Owner fails 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,fails 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 to
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(Cayuga A1eadou-s) Stormwaler Maintenance Agreement —( .2016)
WOO
collect such costs, expenses, interest, and recoverable attorney's feed 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 Owner 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. The Owner 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 Owner 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, Owner 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, Owner's contact information, 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 Owner 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.
7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not
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 Owner 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 that portion of tax parcel 24.4-5.2 covered by
the Easement. The costs of recording and referencing to affected deeds and parcels of land shall be
the responsibility of the Owner.
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((avuga Meadows) Stormx,ater Maintenance:1greement —( 2016)
10. Binding Effect and Enforcement.
(a) The Owner, its 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 shall be bound by the terms of this Agreement.
The Owner 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 the
Owner is not in breach of this Agreement and no emergency situation exists, by the Town's
negligence. The Owner agrees 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 Owner's and/or Town's actions or 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 Owner is 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
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(CaYuga Meadows) Stormirater Waintenance Agreement -(_ _ ,2016)
obligations to any successor entity or governmental institution, or to any one or more drainage or
other districts hereafter created by the 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.
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(Cayuga Meadows) Stormtirater Maintenance.4greement —/ 20/6)
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and
year first above written.
TOWN OF ITHACA
By: 1.\.i- ft ,_..,.,, D .�e'f�►,,. r—
Date William D. Goodman
Supervisor
CAYUGA MEADOWS HOUSING
DEVELOPMENT FUND COMPANY, INC.
By:
Date Cheryl ulpi
Vice President
CV AT CAYUGA MEADOWS, LLC
By: Cayuga Meadows, Managing Member, LLC
By: Conifer Realty, LLC
By: &��L
Date Cheryl S ulpi
Senior Vice President
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(Cayuga Meadows) Stormwater Marnlenance Agreement ( 2016)
STATE OF NEW YORK
COUNTY OF TOOMPKINS : ss.:
On the Q - day of f 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 Public PAULETTE TERWILLIGER
Notary Public,State of New York
No.01TE6156809
Qualified in Tompkins County
Commission Expires December 4,20
STATE OF NEW YORK
COUNTY OF MONROE : ss.:
On the day of ML,,,Zj 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 17,201
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PERMANENT STORMWATER AND ACCESS EASEMENT
THIS INDENTURE is made this `day of a ( 2016 by and
between Cayuga Meadows Housing Development Fund dompany, 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').
1
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"). j
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar
O N
($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,
a
A< z does hereby grant,remise, relinquish and release unto the Town, its successors and
o to 2 -: assigns forever, an EASEMENT to excavate, install, lay, construct, operate, make
o� XM cpW
E observations of, inspect, maintain, alter, improve, repair,remove, replace or change
8-1 o 0 o the size of stormwater, drainage and/or sediment control facilities, including
-' °' 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 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
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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,
1
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
E
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°4657"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.
i
FURTHER WITNESSETH: That the Grantor further hereby grants and
releases unto the Town, its successors and assigns forever, an EASEMENT I
for access by vehicles, persons and equipment over the Premises, for the
purpose of accessing the aforementioned stormwater easement.
i
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r
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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:
I
"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 i
i
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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V
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 S1p' William D. Goodman
Vice President Supervisor
CV AT CAYUGA MEADOWS,LLC
By: Cpp— o✓le4l-6ws
$�A 4.L-Fj
By: �
Cheryl Stu l in
Senior Vice President
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2016-04870 05/06/2016 02:11:29 PM
State of New York )
County of Monroe )ss.:
On the J,.8' 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
IN,STATE OF MONR E COUNTY RK
COMMISSION EXPIRES APRIL 17,20J
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 Pu lic
PAULETTE TERWILUGER
Notary Public,State of New York 41 '
No.01TE6156809
Ouaf'fied in Tompkins County
Commission Expires Deoember 4, "
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