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REAL ESTATTEE
street. eas Ith3, 8/10/89 5 t 32pm
AUe 31 1989
TRANSFER TAX
TCOI:NT s
EASEMENT AGREEMENT
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THIS AGREEMENT, made this I ay of August, 1989, by and
between DONALD STREET and HELEN STREET of 290 Burns Road,
Ithaca, New York, 14850, hereinafter called the "'Grantor", and
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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
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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 substantially as
shown in red on the attached sketch as the same may be further
described on Schedule A annexed hereto. Unless otherwise shown
on said sketch or unless otherwise stated herein, the final
center line of said easement shall be the center line of the
trailway as actually established. Said trail may be used by the
Town and the general public for recreational and other municipal
purposes.
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.
street.eas Ith3, 8/10/89 5:32pm
USER 649 PArE 271
SCHEDULE A
DONALD STREET and HELEN STREET
ALL THAT TRACT OR PARCEL OF LAND shown in red on the annexed
sketch and generally described as follows:
COMMENCING at a point in the intersection of the south line
of the New York State Electric & Gas Corporation property which
was the former D L & W Railroad right of way with the west line
of the Burns Road right of way; running thence westerly along
the southerly line of said New York State Electric & Gas
premises a distance of approximately 37.5 feet; running thence
' southerly a distance of approximately 105 feet to the westerly
line of the Burns Road right of way; running thence
northeasterly along the Burns Road right of way a distance of
approximately 100 feet to the point or place of beginning.
Being a triangular parcel of land at the intersection of
said former railroad property and Burns Road in the Town of
Ithaca, Tompkins County, New York, and being a portion of Town
of Ithaca tax parcel 48-1-14.1.
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Iss 649 FuE 272
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TAX PARCEL # 6-48-1-14.11
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IT.P. 48-1-14.4
Donald & Helen
Street
Mary G. Mandel
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street.eas Ith3, 8/10/89 5:32pm UgER 649 ma 273
The grant of the easement by this instrument is subject to
the following terms and conditions:
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 pro -existing utility easements.
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.
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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.
7. This instrument shall bind the parties hereto, their
distributees, personal representatives, successors and assigns.
us 649 Pia 274 •
strest.sas Ith3, 8/10/89 502pm
IN WITNESS WHEREOF, this instrimpt has been duly executed
by the Grantor as of the day an ear t ve tt
STATE OF NEW YORK
)sst
COUNTY OF TOMPKINS ).
On the !? i = day of August, 1989,' before me;personally
appeared DONALD STREET and HELEN STREET, to me known and known
to me to be the same persons described in and who executed the
within instrument and they dul/ acknowle \ed o �1 that they
executed the same.
Tompkins County, SS:
. j1,� .. Doy,o•. 0f .419A...'
Rec�pr,�.n the ... ... ......�♦ o �i.......
�� , o'clock ••.S M., in Liber T'
at page .......p?.;j,�............. and examined.
Clerk
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