HomeMy WebLinkAbout022025-001na:iG72 EAS E M E N T
PROPERTY LOCATION: TOMPKINS COUNTYsTOWN OF•ITHACA
Property Addresss Former Rosemary Lane abandoned by the
Town of Ithaca as a public highway pursuant
to Section 211-b of the Town Law.
THIS INDENTURE made as of the - �----- day of, 1976
BETWEEN The Ithaca City School District P. 0. Address:
400 Lake Street, Ithaca, New York)
Party of the First Part, also referred to as the School District,
and
the TOWN OF ITHACA, a municipal corporation in the County of Tompkins,
New York, Party of the Second Part, herein also referred to as the
Town, its successors and assigns,
WITNESSETH: WHEREAS (1) the Town by resolution adopted
by the Town Board on November 17, 1975, has abandoned all right
title and interest it has had to maintain ROSEMARY LANE in the
Town of Ithaca as a public street and which heretofore has been
open as a public street running between Cayuga Street on the west
and East Shore Drive (State Route 34B) on the east and under the
provisions of said resolution (2) the Town has expressly reserved
(a) its ownership of the existing water main and appurtenances
which runs easterly along or near Rosemary Lane from Cayuga Street
to East Shore Drive and (b) an easement over a strip of land 20 ft.
in width running from Cayuga Street on the west to East Shore Drive
on the east, the center line of which is the center line of said
existing water main, for the purpose of constructing, maintaining,
operating, repairing and replacing a water main or mains, including
the existing water main, and appurtenances,
NOW, THEREFORE, the School District hereby confirms these
reservations by the Town of Ithaca of the Town's title to said
water main and grants to the Town of Ithaca, its successors or
assigns forever, an easement over the said 20 ft. strip of land
for the purposes set forth in, and otherwise in accordance with,
the provisions in the said resolution, a copy of which is attached
hereto and made a part hereof, including the right to enter upon
said 20 ft. strip for the purposes of said easement.
The Party of the First Part hereby represents to the Party
of the Second Part, its successors and assigns that all of the
lands abutting Rosemary Lane are now owned by the Ithaca City School
District.
The construction of a tennis court surface, paving improve-
ments and other similar improvements on or over the easement area
as herein defined, has been done at the risk of the School District
with knowledge of the existence of the water main and the intention •
of the Town to reserve an easement for purposes of water transmission
facilities. By accepting this instrument the Town does not waive.any
rights with respect to said easement including, without limitation,
the rights of the Town and the obligation of the School District as
set forth in Section 3 of the attached resolution.
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ow 549 PAGE 073
RESOLUTION FOR ABANDONMENT OF ROSEMARY LANE
WHEREAS:
A. Rosemary Lane has heretofore been used as a public
street, approximately 50 feet in width, running easterly and
westerly between Cayuga Street which is a City of Ithaca street
on the west and East Shore Drive which is a State Highway desig-
nated as Route 34B on the east] said street runs for its entire
distance through lands of the Ithaca City School District which
has'represented to the Town Board that all lands on both sides of
the street are owned by the School District and the records at
the County Assessor's Office appear to confirm the ownership of
all such lands by the School District= and
B. The School District has requested that Rosemary Lane
be abandoned and discontinued as a public highway in its entirety)
and the Town Superintendent of Highways has requested and recom-
mended the abandonment and discontinuance of Rosemary Lanes and
C. It appearing that no portion of Rosemary Lane is
necessary to connect Cayuga Street and East Shore Drive (being%
the only two existing highways abutting Rosemary Lane) or to pro-
vide 'ingress
ro-vide'ingress and egress to and from said public streets and any
privately owned lands other than lands of the School District)
and
D. The Town Board pursuant to Section 211-b of the
Highway Law having ordered that a public hearing be held on the
17th day of November, 1975 at 5 o'clock p.m. at the Town Hall at
126 East Seneca Street in the City of Ithaca, New York, to con -
eider the adoption of a resolution declaring that Rosemary Lane
be abandoned and discontinued as a public highway subject to the
several provisions contAined in Sections 1, 2, and 3 of the
resolution ordering such public hearing and it appearing that on
or about the ./# 7# day of 'October R 1975, a written
M
ukh 549 ms -4674 -2
description of Rosemary Lane was filed in the Town Clerk% Office
With a written statement attached thereto that such highway shall
be abandoned and it further appearing that the Town Clerk caused
notices to be published in at least three conspicuous places in
the Town of Ithaca as set forth in the affidavit of the Town
Clerk filed with the Town Board setting forth the time and place
as above stated where the declaration of abandonment of the above
described highway would be made for the purpose of permitting any
interested person to appear for or against the adoption of such
resolution of abandonment and it further appearing that notice of
such proposed declaration at the time and place aforesaid was
also published in the Ithaca Journal on the 7� day of
/v0%liEms• , 1975 and the Town Board at its meeting held
on the 17t1i day of November, 1975 opened the hearing for the dis-
cussion of the proposed abandonment of Rosemary Lane and no
person or persons having appeared to speak for or against the
said discontinuance and abandonment,
and the public hearing having thereafter been duly closed
IT IS RESOLVED as follows:
Section 1. Rosemary Lane as hereinabove described is hereby
abandoned and discontinued as a public street for its entire
length running between Cayuga Street on the west and East Shore
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Drive, a State Highway designated as Route 34B, on the east.
Section 2. Such abandonment and discontinuance shall
be subject to the reservation of an easement over a strip of land
twenty feet in width for the ouroose of constructing, maintaining
operating, repairing, reconstructing, and replacing an undergroun
water main or water mains, pipe, or pipes, including the existing
water main which runs in an easterly and westerly direction in,
along, or adjacent to said Rosemary Lane, and appurtenant facili-
Ities thereof, the center line of which twenty foot strip of land I
shall be the center line of the said existing water main as now
located. The location of said existing water main .is shown on
Map No. 64 of the maps on file in the Office of the Water and
Sewer Division of the City of Ithaca, showing location of water
mains and appurtenance facilities. The easement hereby reserved
shall be for the benefit of the Town of Ithaca, its successors
or assigns in the ownership or use of such water main or any
replacement thereof or addition thereto, including the City of
Ithaca or any other municipality, public authority, agency, or
other governmental unit to which the right to own or use said
water main and facilities or participate in such ownership or I
use shall be hereinafter granted aad the Town of Ithaca specif:- I
Cally reserves the right to transfer any part or all of its
interest in the aforesaid easement and in said water mains and
appurtenances; to any such other municipality or public party.
Section 3. The fee title to the twenty foot strip shall
be retained by the School District and the School District shall
have the right to use the land within said twenty foot strip, I
except that such use shall not interfere with or impede the main -I
tenance, operation, repair, replacement or reconstruction and coni
struction of any water main or appurtenances or cause injury or
damage to any water main or its appurtenances. Certain appurten-
ances, such as valves, valve boxes, and hydrants, must be maintair ed
at the original grade level as they have heretofore been maintain4d.
ak 549 PAAMG
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No building, wall or permanent structure shall be constructed
within the twenty foot strip without the lawful authorization of
the Town Board of the Town of Ithaca or any successor public
authority. In performing any work under this easement, the Town
shall be responsible for the removal of all debrisafter the work
has been done, but it is a specific condition of the reservation
of this easement that the Town of Ithaca shall not be obligated
to restore or replace any improvements made within the boundaries
of said twenty foot strip by the School District, such as macadam
concrete, paving, shrubbery or any walls, curbing or other struc-
tures, except that the Toxin will restore to its prior condition
that portion of Rosemary Lane which continues in use as a street
or roadway by the City School District.
Section 4. This resolution shall not be deemed to be
effective until the School District has executed or furnished
such documents as the attorney for the Town shall require to
document the reservation of the aforesaid easement, Including
instrument signed by;;an officer of the City School District duly
authorized by the Board of Education and acknowledged so that
it may be recorded in the County Clerk's Office which identifies
and describes the said easement and contains a representation
that all the lands on both sides of Rosemary Lane are owned in
their entirety by the said District.
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Llsth 549 FAGE1077
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This instrument shall bind the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed
by the Party of the First Part pursuant to a resolution of the
Board of Education of
said District, adopted on the Iq� day of
l ]I�M..n w. , �.
V —t_ %cm .
ITHACA CITY SCHOOL DISTRICT
WITNESSS:�
,l "Z l •l
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS.
On this 14'& day of i9i19?
5, before me o
perso„aily came
to me personally known who, being by me duly sworn, did depose
and say thatshe resides at 10l ��,y c0. yt ►Aw 4v,k_#
that she is the Ithaca• City School District:
and that this instrument was duly executed by pursuant to an
order or resolution of the Board of Education of the Ithaca City
School District. PAMELA B. LOVELESS
Notary Publ;c, State of New York
No 2410310 V
Quxlilied in ToTvmu1.4m County wV
Term expires March 30,197f
Notary Public
Tompkins County, W
Resordod on the. ..... ...... Day of.. . ... ..... ..19. F.'1...�
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