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Home My WebLink About044321-001r q1 FIBER 601 ?ALE 100 273 6 DRIVEWAY RIGHTS Wes, the Town of Ithaca, New York, a Mdaipal corporation• organized and existing under the laws of the State of New York, with .a principal office at 126 East Seneca Street, Ithaca, New York, (also the Grantor) is the owner of premises designated On the Taam of Ithaca Tax Map as parcel Number 54-2-13 and as part of Lot 16 on the "Pearsall Subdivision Map of South Hill" made by Carl Crandall on August 20, 1925, and filed May 18, 1928 in the Tampkins County Clerk's Office in Map Book B-2, page 11, also referred to herein as the Tawn's parcel, and being the same pry cOnVwYMd to the Town of Ithaca by Therm Electric Meters Co., Inc. by dMd dated July 7, 1954, liber 569, page 365, and WHM�W, Harold D. and Susan J. Mix of 690 Ringwood Road, Ithioa, New York, herein (also referred to as the Grantee) are the aAMM of the premises in the Town of Ithaca )mown as 263 Pearsall PhDs conveyed to them by Leola S. Vial by dead dated Oc.'tabsr 10, 19801, and recorded in the Tuspkins County Clerk's Office on fiber 579, page 964, herein also referred to as the Mix p rcel, and wjajTAS, the driveway from Pearsall Place to the Mix pmroel, Wdch . provides ingress to and egress from the garage under the housscn the Mix parcel, runs across the Town's parcel, and -1- 3ja 601 PAGEIA 0 Wt1LmAS, the Town of Ithaca has agreed to grant a permanent license to the Grantees, under the terms and condtions set forth herein and in Schedule A attached hereto. NUW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged by the Town of Ithaca, and the mutual promises of the parties hereto, the Town of Ithaca does hereby grant, and release to •Harold D. Mix and Susan J. Mix, the survivor, his, her or their distributees and assigns, and successors in the ownership of their lands a permanent license with respect to the driveway described below: A. A right of ingress and egress, over the drivoway, as herein defined, for motor vehicles to and from Pearsall Place and the garage in the basement of the dwelling on Grantee's property for the benefit of the owner of the Grantee's premises and so long only as said premises are used for rusidential purl)osud. Thuuu rights shall be used only for accuses to the garayu as nuw, conutructec in its present location. B. The driveway shall be twelve feet in width running north and south. Its west edge being along the bottom of the bank and narrowing in width as it runs westerly to the garage on the Mix parcel all as shown on the annexed map. -2- E 1 VEER 601 RAW TERMS AND CONDITIONS OF THE PERMANENT LICENSE 1. The grantees agree that they will not permit any vehicles to be, parked on the driveway or other portions of the Town's parcel and that they will keep the driveway and the Town's parcel otherwise unobstructed except that no more than one vehicle may be parked temporarily for short periods in the portion of the driveway which runs east and west but this right may be revoked from time to time whenever the Town determines that such parking will interfere with its use of the parcel. A. The Town reserves the right to remove or cause to be removed any vehicle obstructing the driveway or other portion of the Town's parcel at the expense of the owner of such vehicle. B. The Town shall not be liable to any one for any claim for damages to any vehicle or for any other claim which may arise or result from removal of any such vehicle. The Town shall endeavor, in good faith, to give notice of removal to any occupant of the Grantee's premises but the Town shall not be liable for failure to give such notice. 1 i LIDER 601 PACE1112 2. The driveway shall not be used by the Grantee if any use of, or any work is to be performed on, the Town's parcel which may require a temporary suspension of the use of the driveway by the Grantee for the duration of such use or while such work is being done. However, the Grantee, during such period may use portions of the Town's parcel for ingress and egress provided such use does not interfere with the activity being conducted on the Town's parcel. The Town shall give reasonable notice to the occupant of the Mix parcel, but the Town shall not be liable for any failure to give such notice unless it has acted in bad faith. 3. The driveway shall be maintained by the Grantee in such manner as the Grantee may reasonably require and shall be kept free of snow, ice and obstruction by the Grantee. 4. The Grantee accepts this license subject to all easements of record and subject, further, to such rights as the Town and any person or agency may have to inspect, maintain, repair, reconstruct, relocate or replace, or do other work with respect to exisitng lines now in place for water, sewer, drainage, gas, electric, telephone or other utility lines as shown on the map. 5. The Grantee will be liablu for any damages caused to any linos referred to above, or other damage to the Town's parcel and the improvements thereon which is caused by the use of the driveway by the Grantee, their employees and invitees, agents and contractors. 2 LJ 1 W i 601 M:11113 6. The Grantee agrees to indemnify, and hold hamless. the Town from any and all suits, actions, claims, expenses (including reasonable 4 Attorney fees), damages or other liability arising in any way from or incident to the use and existence of said easement caused by any act, or omission of the Grantee, his contractors, employees, agents' or invitees (including any occupants of the Grantee's parcel). The Grantee shall provide and maintain at all time adequate insurance coverage, and in such amounts as the Grantor may reasonably require to provide coverage to insure the Grantee and the Town against liability for injuries to persons and property including contractual liability. Town will approve any such coverage if it can be adequately provided by a Homeowner's Comprehensive Insurance Policy maintained by the Grantee. 7. Town reserves the'right to grant easements or other rights in the Town's Parcel provided that after their installation they will not interfere with the rights granted to the Grantee under this instrument. The granting of this license shall not be deemed to prevent the rights of the Town to use that portion of the Town's parcel, including the driveway, provided such use will not interfere with the rights of the grantee under this license. 3 LdER 601 nai iJA C. In addition the right is granted to the Grantee to turn around, as a vehicle is backed out of the garage over that portion of the Town 's parcel as close to the division line between the parcels as topography and the building on the Town's parcel may at any time permit. Reference is made to a map of the Harold D.• and Susan J. Mix property dated February 29, 1984, revised May 24, 1984, made by C. George ilarford, Surveyor, attached hereto. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective, distributees, assigns and successors in the ownership of the above described premises. IN WITNESS WHEREOF, the parties have executed this agreement this fll— day of June, 1984. TOWN OF ITHACA, NEW YORK Dy : Noel Desch, Supervisor Town of Ithaca i 1 1 LIFER 601 PALE1115 _-1. � �� /)- - Harold D. Mix n � SUSAN J MIX -4- W 601 akAR6 STATE OF NEW YORK Cps( OF SKINS US: On the JY day of June , 1984, before me personally cants Noel Desch, to me jgXm, who, being by me duly sworn, did dipose and say, that he resides in the Town of Ithaca that he is the Supervisor of the Town of Ithaca, the municipality described in and tlhich executed the above instrumenti that he knows the seal of said municipality; that the seal affixed to said instrumsnt JA suds municipal seal; that it was so affixed by order of the Tvwm Hoard of said municipality, and the he sigr►ed his Hans therein by Blot NotAary Public JEAN H. SWARTWOOD Notary Pubes47, t, of Ncw York p� Qualified in Tompkins Cou lY Commission expires March 30,19.V: STATE OF NEVI YOFK COUM ()F 70MPKW sa: One the ► day of June , 1984, before me personally Cams Harold D. Mix to me brown to be the individual described in and UW executed the foregoing instrument, and acknowledged that he executed the came. -5- Lif1ER 601 FALEW7 STAB£ OF MY YM COUCy Cj? 7KIIm as: On the t, day of June, 1984, before me peraarally cams Swan J. Mix to me known to be the iruiivudual describe in and who exe0WAd the foregoing instrument, and acknowledged that she executed the same. Notary Public JAIRA H Hot MBERO IW p�pt,c. State 01 mow," No. SS 1.946475 / �,atileb in TompH�ns. Countl �{� y�Wt LWWU M,Ilil �. 111� ............... REAL ESTA" JUN 1 5 1984 T-I AI'!S'FR TAX TOMPKINS COUNTY — Tompkins County, ss:/ R c rde on the. �........:. j D� 9f 190.,1....tl . .9o'd k ,� M., in Liber .... / .. .... of ..29............. at Page ... 1.1i .............. and ex Ina -6- t]