The URL can be used to link to this page

Home My WebLink About050357-0010 • • BUYOLCOS. BARNEY. GROSSMAN & ROTH ATTORNEYS AT LAW 3I9 NORTH T"GA !TACK • O. 00n 00SS ITM.C& N[W VORR 16051 **SO 2,181 PARTY WALL AGREEMENT USER (W; PALE 6 3S AGREEMENT MADE THE �' OF , 1986, BETWEEN The VILLAGE OF LANSING, a municipal corporation, organized under the laws of the State of New York, with offices on North Triphammer Road, Ithaca, New York party of the first part, and the TOWN OF ITHACA, a municipal corporation in the County of Tompkins, New York, with offices at 126 East Seneca Street, Ithaca, New York, as the agent municipality acting on behalf of itself, the Town of Lansing, the Town of Dryden, the Village of Cayuga Heights, and the Village of Lansing, jointly associated through the Southern Cayuga Lake Intermunicipal Water Commission, pursuant to Article 5-G of the General Municipal Law, WITNESSETH: WHEREAS, the party of the first part is the °owner of premises located on North Triphammer Road in the Village of Lansing, Tompkins County, New York, which premises are shown on a survey map entitled "SITE MAP SHOWING PARCEL TO BE CONVEYED AND EASEMENTS TO BE ACQUIRED BY SOUTHERN CAYUdA LAKE INTERMUNICIPAL WATER COMMISSION FROM VILLAGE OF LANSING, NORTH TRIPHAMMER ROAD, VILLAGE OF LANSING, TOMPKINS COUNTY, NEW YORK," dated October 1983, by T. G. Miller Associates, P.C., Engineers and Surveyors, a copy of which is annexed hereto, and which premises are a portion of the premises conveyed to the Town of Lansing by deed from Robert R. Gibbs and Leon L. Gibbs, dated November 1, 1966 and recorded November 18, 1966 in the Tompkins County Clerk's Office in Liber 466 of Deeds, at page 392; and WHEREAS, the party of the second part is the owner of premises described in the deed from the party of the first part to the party of the second part dated concurrently herewith and to be recorded in the Tompkins County Clerk's Office upon the execution of this agreement, which premises of the party of the second part are that portion of the lands shown on the above described survey imap designated as the "Proposed Parcel To Be Conveyed," and which premises of the party of the second part adjoin the aforesaid premises of the party of the first part in part along a common wall dividing the "Existing Pump House" from the "Existing_ Village Of Lansing Offices" as shown on said survey map; and WHEREAS, the parties agree that the common wall between the "Existing Pump House" and the "Existing Village Of Lansing Offices" as shown on said survey map should be a party wall and be deemed for one: -half of its thickness on each side of the line dividing the premises of each party, NOW, THEREFORE, in consideration of one dollar and other good and valuable consideration and the mutual covenants set forth herein, the parties mutually covenant and agree for themselves, the respective successors and assigns, as follows: 1) The wall designated as the southerly wall of the "Existing Pump House" and the northerly wall of the "Existing LEER 6�6 BUYOUCOS,BARNEY. GROSSMAN Q ROTH ATTORNEYS AT LAW 315 NOW" TOGA STREET '.O. SOx SSSS ITHACA. NEW TORR 140SI-4554 636 Village Of Lansing Offices" as shown on the survey map referred to above shall be used and maintained as a party wall for so long as this Agreement shall remain in force and effect as provided in paragraph 6 below. 2) If the wall is at any time extended after the date of this agreement, the cost of such extension shall be paid by the party making such extension. 3 ) If it shall become necessary to repair or rebuild the wall or any portion of the wall as constructed or extended, the cost of such repairing and/or such rebuilding shall be borne equally by the parties except in instances where the repair or reconstruction is made necessary by an act or omission to act on the part of one or the other of the parties, in which case the cost of repair or reconstruction shall be borne by the party whose act or omission to act gave rise to the need for the repair or reconstruction. Any monies received by either party pursuant to the terms of any insurance policies covering the wall, received as a result of a claim for damages to the wall, shall be applied first by the party receiving such monies to the cost of repair or reconstruction of the wall. 4) If and when the wall is rebuilt it shall stand upon the same place and be of the same or similar materials and of the same proportions as the existing wall on the premises. 5) Each party acknowledges that there are presently no plumbing or electrical fixtures or other services maintained inside the wall, and that all utility and/or other services on each side of the wall are surface mounted, and each party agrees to maintain only surface mounted fixtures on the party wall unless they receive the prior consent of the other party to the insertion of any service lines into the wall, which consent shall not be unreasonably withheld. 6) This agreement shall be in effect for so long as the Southern Cayuga Lake Intermunicipal Water Commission, or its successors or assigns shall be the owner of the premises shown as the ""Existing Pump House"" on the survey map described above, and shall be a covenant running with the land, provided, however, that nothing here shall be construed as a conveyance by either party of its respective rights and the fee of the land upon which the party wall shall stand. Notwithstanding the foregoing this Agreement may be terminated by the express agreement of the parties hereto or their successors or assigns. IN WITNESS WHEREOF, the parties have signed this agreement the day and year written above. 2 VILLAGE 171 LANSING �. TOWN OF ITHACA, as agent BY: • • • is • BUYOUCOS.BARNEY. GROSSMAN & ROTH ATTORNEYS AT LAW 319 NORTH TIOOA.TR[[T ITNAck NEW TORx 140111 61156 L15ER GIG PALE 637 STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: On this 23 "lay of �" , 1986, before me personally came /%iltc A the .4141kc - of the Village of Lansing,lthe municipality described in and which executed the above instrument; that he knows the seal of the municipality, that the seal affixed to said instrument is such municipal seal; that it was so affixed by the order of the Board of Trustees of said municipality, and that he signed his name thereto by like,order. Notary Public OW STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: UAVID A. DUB NOTARY PUBLIC, STATE OF NEW YORK NO 4E44'107 JUALIFIED IN TOMPKINS COUNTY ' � MISSION EXPIRES MARCH 30, 19_ On this&oY day of CcItue-G� , 1986, before me personally came `7ti,�. P the k , �_, t . v of the Town of Ithaca, the municipality described in and which executed the above instrument; that he knows the seal of the municipality, that the seal affixed to said instrument is such municipal seal; that it was so affixed by the order of the Board of Trustees of said municipality, and that he signed his name thereto by like o;t2a!;��Ptblic JEAN H. SWARTWOOD Notary Pubiic, Slue of New Yak No.4702044 Qualified in Tompkins County Commission expires Match 30,19L7 Raool&d county,... ....� 0.. .�1.`hp �°rd0d`.S41a'� M.. in4k�! tj............. 3 ...... Day oF......af.. �... ...19...i4...af ....... 01 .................... AW... dit