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_ REAL ESTATE
J U N 1 1989
TRANSFERTAX
TOMPKINS
COUNTY
-THIS KGREEMENT,
112/89 4:23pm IMFR 846 PACE 471
3929
EASEMENT AGREEMENT
06
made this �Dday of Febrefiry, 1989, by
and between THERM, INC. of Hudson Street Extension, Ithaca, New
York, 14850, hereinafter called the "Grantor", and the TOWN OF
ITHACA, a municipal corporation in the County of Tompkins, State
of New York, whose principal office is at 126 East Seneca
Street, Ithaca, New York, 14850, hereinafter called "Grantee" or
"Town", its successors and assigns,
WITNESSETH
WHEREAS, the Town is desirous of creating, constructing,
developing, and maintaining a recreational trail for use by
pedestrians, bicyclists, cross -county skiers, and other
recreational uses (hereinafter called the "Trail"); and
WHEREAS, Grantor is the owner or has an interest in real
property in said Town over which said Trail is intended -to be
located; and
WHEREAS, the Grantor is willing to convey to the Town an
easement for the purposes of constructing and maintaining the
Trail;
NOW, THEREFORE, in consideration of the mutual promises
contained herein and in consideration of the benefits to accrue
both community wide and to said Grantor as a result of the
creation and maintenance of said Trail, and in further
consideration of the covenants herein contained and other good
and sufficient consideration, receipt whereof is hereby
acknowledged, Grantor does hereby grant and convey to said Town,
its successors and assigns forever, a permanent right of way to
enter upon, construct, operate, maintain, repair, and replace a
recreational trail and appurtenances across or upon the lands of
the Grantor in said Town, said easement to be 66 feet in width,
said easement to be substantially as shown in red on the
attached sketch as the same may be further described on Schedule
A annexed hereto. Said trail may be used by the Town and the
general public for recreational purposes and for underground
water and sewer lines only.
Together with a temporary easement during the period of
original construction over so much of the owner"s property as
may be necessary for persons and vehicles while said Trail is
being constructed.
The grant of the easement by this instrument is subject to
the following terms and conditions:
BARNEY.:ROSSMAN.
ROTH DUSOW
ATTORNsrs AT LAW
INS WORT" T100A RTR69T
R.O. ROM Oa"
ITNACA New TORR 14M.""
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11 Therm.eas, Ith3, 5/12/89 4:23pm
u0 646
BARNEY. GROSSMAN.
ROTH ! DUBOW
ATTORNEYS AT LAW
as NORTH TOOA STREET
P.O. Eon EEN
TNA" NEW YORK IAN�•NN
472
THERM
ALL THAT TRACT OR PARCEL OF LAND situate in the City of
Ithaca and the Town of Ithaca as shown in red on the annexed
sketch and generally described as the former track bed of the D
L & W Railroad running from its intersection with Hudson Street
in the City of Ithaca generally southerly and southeasterly to a
point 100 feet beyond the extended westerly line of premises of
John I. Sincebaugh (see Town of Ithaca tax parcel No. 53-1-13).
Said premises are shown generally as City of Ithaca tax parcel
No. 91-4-1, a portion of Town of Ithaca tax parcel No. 54-2-1, a
portion of Town of Ithaca tax parcel No. 54.-4-1, and
approximately 100 feet of Town of Ithaca tax parcel No. 53-1-12,
having a total length of approximately 4,670 feet. The width of
said easement at the southeasterly portions of tax parcels 54-
2-1 and 54-4-1 shall be the entire width of the parcels as shown
in red on the annexed sketch.
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SOUTH HILL
or if RECREA11ON WAY
'i EASEMENTS
FROM
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ED)
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to 645
JARNKY. GROSSMAN.
ROTH ! DUBOW
ATTORN[YS AT LAW
31• MORTM na" /T11[[T
P.O. Wa NM
"01" MCW TORK 1M.1-4/N
Therm.eas, Ith3, 5/12/89 4:23pm
474
1. It is agreed that the description of the location of the
easement may be subject to change at the time of actual laying
out and construction of the Trail by the Town.. Changes in the
course may be made for the purpose of adapting to natural
features of the terrain, current uses of the adjoining lands by
Grantor or adjacent owners, or pre-existing utility easements.
In no event, however, shall the width of the easement exceed 66
feet (except as shown on the annexed sketch) nor shall the
location of the easement upon grantor's property be moved from
where it appears on the annexed sketch more than 10 feet from
grantor's easterly boundary line without further written consent
of grantor.
2. Grantor reserves the underlying fee title to said
property covered by said easement, subject to the rights and
privileges herein granted to the Town.
3. Whenever any work is done on the Grantor's premises, the
Town, at no expenses to the owner of such premises, will remove
all debris and will restore the land surrounding the Trail to
substantially the same condition it was in before any such work
was done. If any damage is caused to the Grantor's property or
if such property has not been properly restored by the Town, the
Grantor shall give prompt and due notice in writing to the Town
at the Town of Ithaca offices at 126 East Seneca Street, Ithaca,
New York, immediately following any such damage or failure to
restore the property. Notwithstanding the foregoing, nothing
shall prevent the Town from installing a trailway, planting
vegetation within the easement area, excavating or modifying the
terrain within the easement area, and making modifications and
changes to the property over which the Trail itself actually
passes without being obliged to restore such property to the
prior condition.
4. Grantor reserves the right to change the location of the
easement herein granted, subject to the approval of the Town,
upon providing a mutually acceptable alternate course for the
Trail and constructing the same at Grantor's expense.
5. Grantor warrants that Grantor has title to the property
over which an easement is being given by this instrument, free
and clear of all liens and encumbrances of any nature whatsoever
unless specifically set forth in this agreement.
6. If Grantor is a corporation, Grantor represents and
warrants that the conveyance provided for in this instrument has
been duly authorized by the directors of the Grantor and that
this conveyance does not constitute a conveyance of all or
substantially all of the assets of Grantor.
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BARNEY.OROSSMAN
ROTH 6 DUBOW
ATTORN[YS AT LAW
„I NO11TM t100A 8"99T
P.O. OOx so"
,.. mow -knew TOM{ 16011461M
Therm.eas, Ith3, 5/12/89 4:23pm im 646 pAm 475
7. In the event the trail shall remain unused for a period
of five (5) years, this easement shall terminate and the Town
shall execute and convey to grantor documents sufficient in
grantor's judgment to convey to grantor the trail rights in and
to the property. The Town. shall not be obliged, however, to
convey any rights relating to underground sewer or water lines
that have heretofore or may hereafter be laid within the bounds
of the easement and any conveyance of the trail rights shall be
made subject to reserving rights to the maintenance, repair, and
replacement of any sewer or water lines that are installed at
the time of such conveyance.
8. The property shall be used for recreational, sewer and
water purposes only and the Town shall not permit vehicles other
than bicycles, maintenance and emergency vehicles to use the
trail (except during the course of construction at which time
construction vehicles may'also use the same). The Town agrees
that the Town's rules and regulations regarding trails shall
apply to the trail contained within the easement given by this
instrument.
9. Each of the parties agree to indemnify and hold the
other party harmless from any and all costs, damages, or expense
(including although not limited to legal fees) arising out of
any claim, suit or proceeding for injury to persons or property
brought against the indemnified party in which it is ultimately
determined that the loss, damage, or expense was due to the
negligence or willful act of the other (the indemnifying) party.
In the event such parties are found to be jointly liable, each
party agrees to pay their allocable share of such loss as
ultimately determined by the Court based upon their pro -rats
portion of the fault giving rise to the damages for which a
claim is made.
10. In the event grantor at any time seeks to transfer the
fee title to all or any portion of the property over which an
easement is given by this instrument Grantor hereby grants to
the Town a right of first refusal to match or better the terms
of any bonafide offer to purchase received by Grantor. Grantor
shall deliver a copy of such offer to the Town and shall certify
that Grantor will accept said offer and transfer the property in
accordance with the terms of said offer if the Town does not
exercise its right to purchase. Said offer shall be from a
party unrelated to the Grantor and shall be from a bonafide
purchaser for value. The Town shall have 60 days from the date
of receipt of such offer and certification to advise Grantor
whether the Town will purchase the property on the same terms
and conditions (or, if one of the terms calls for financing of
the property, at the Town's option the Town may elect to
purchase the property at the same price and pay cash at
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iARNEY, GROSSMAN.
ROTH & OUSOW
ATTORNEYS AT LAW
f1E NORTH TIO" RTREET
R.O. sox ON
..ACw NEW TORN 14REIJEN
Therm.eas, Ith3, 5/12/89 4:23pm
closing). This obligation to grant a right of first refusal
shall apply to the sale of all or any portion of the premises
over which the easement provided by this instrument is located.
11. This instrument shall bind the parties hereto, their
distributees, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed
by the Grantor as of the day and year st/above written.
INDIVIDUAL ACKNOWLEDGEMENT
;= b
STATE OF NEW YORK
COUNTY OF TOMPKINS j •act';'
.3d„b �P�
on th y ! , 1989, before me pergtln�'�ly
appeared , to me known and known to me to
be the same person d cribed in and who executed the within
instrument and he duly acknowled ad o me that he executed the
same.
PATRICIA
M. 8EE
RX- S M a NW York otary Public
N4. 4743=
M Tomplda Cmglp E94M Aug. 31. 1$
ACKNOWLEDGEMENT
STATE OF NEW YORK )ss.:
COUNTY OF TOMPKINS )
o his '�`� day of � 989, before me personally
came to me personally known, who, being by
me duly sworn, did depo a and say that he r4 ides in Ithaca„-Ilaw
York, that he is the of
the corporation des bed in and which execute th within
instrument; that he knows the seal of said corporation; that the
seal affixed to said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said
corporation; and that he signed his me hereto by like order.
Notary Public
w A A
PATRICIA Y. GEE
NOTARY PUBM SUM d Not York
No. 4748M
&Wft in Tom0ft Cw t
my Canrni " e" Aug. 31. 10 4
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