Loading...
HomeMy WebLinkAbout064929-001• • GARN&.GROSSMAN. ROTH & oUeQW ATTORNEYS AT LAW 315 NORTH TIORASTRtET r 0. Box $sss M"ACA IIRW YORK 14651.4506 1392 �i9Ea 652 FAA119 EASEMENT AGREEMENT THIS AGREEMENT, made this ;a day of September, 1989, by and between BUTTERFIELD ASSOCIATES I, a limited partnership formed under the laws of the State of New York, with a principal office at 301 East State Street, 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 11 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. 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 i2ERl ESTAT- 2, MAR Z 1990 TRA.SFER TAX TOrriPrt►,NS COUNTY WER BARNEY. GROSSMAN. ROTH d DUBOW ATTORNEYS AT LAW 31E NORTH TIOOA STREET r.0. BOX 6666 ITHACA. NEW YORK14651-6666 Butterfield.eas Ith3, 9/1/89 4:34pm pml1120 SCHEDULE A BUTTERFIELD ASSOCIATES I ALL THAT TRACT OR PARCEL OF LAND shown in red on the annexed sketch and generally described as follows: BEING a portion of the former Delaware, Lackawanna and Western Railroad Company land being 60 feet plus or minus in width and extending 66 feet plus or minus in length beginning at a point about 560 feet northwesterly of the center line of Burns Road, located between survey stations 13358 plus 36.27 and 13364 plus 11.1, as shown on certain maps filed in the Tompkins County Clerk's Office on June 13, 1960 as Map Tube No. 100. SUBJECT to the rights of New York State Electric & Gas Corporation to install electric lines over said premises as more particularly set forth in the deed from New York State Electric & Gas Corporation to Lula N. Heffron dated February 21, 1989, recorded in the Tompkins County Clerk's Office in Book 645 of Deeds at Page 78. 5 � II .� ,. , ..�. � �..... .,. hr ..... .A .... .�.M.w ,„I. u .c.-rv..L .-.,�ias.-&w ...a „r..S:dn....+ _.... �.,. •'+aeo �..�;:"hr-.. �.. ., .. �.�....:vs+s,.:a...„:.,su«.:y..w..»wm✓,em+.r..,.:trv.��rn.w,:.. ..,.,+,n..,,y«.r,.c..�+a .t sc..:..reyr.�.v��}^srtro rti.`,+al.•r•+�5cn47ke�MYw"�. e. i'4kti�7:4R"iatF�i.�ew��wee • srsTx -,;'mt"+7m'�+-a.+r:7PaK�^n^•:"*.:x*avr+w t+zs:'�wr.m �,^r .or-^: .•�.naJ�x..,^n �cTa•:.. :�ttt>.} a ,;^'-'-r �,. yFyj�*. ++mp�Y+.aehR..•r ne+0�`�Msw:r.s ».x..v.•r. ; R!YB'was.xse:..,.,l.i. .b�.tA.a.a. a. ea r.+i .�.. s. h. .. �t+.. �M. rMa....vry x. xv....+�fWat+�'a.xhai..PLh?.k.a4JRf�•4 tlYVlKak4t�MiNd6+v`v114:.f..+Y0..t1+L9MWM1R.tleW�b+.pl�'ela•+i'+��.:•.• A k5 T i i USER 659 BARNEY. GROSSMAN. ROTH & DUBOW ATTORNEYS AT LAW 319 NORTH TIOGA STREET [ P.O. BOX ..SS ITHACA. NEW YORK I485I•9090 Butterfield.eas Ith3, 9/1/89 4:34pm r'aA122 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: 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. 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. I I-. . x.•a:;- .¢. ..—W.1111- „1". •x, .",^," ..:s1, a'..i+.za..a<.,.y- 2 • 3 i e . [ ... S ✓ - 6xy'- � .h.xail�x'E��t...:.'.,j(t�1i�8.ilwY'.wMR�.4s:.�1�tMY/A14M&1iR xl."A:.n�`i:'-: • EI J •BARNEY.GR03SMAN, ROTH Q DU®OW ATTORNEY! AT LAW ats MOST" TIOOA STOCKY '. I.O. box EEEE MMACA, NEW TOOEI�gI•EEEi Butterfield.eas Ith3, 9/1/89 4:34pm usER 652 FuJ123 7. This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. 8. Grantor further reserves the right to lay out and install a road over the area being granted to the Grantee upon the condition that should Grantor exercise this right, Grantor will, at Grantor's expense, properly grade the crossing between the road and the recreation way to the reasonable satisfaction of the Town Engineer so that the recreation way may continue to be used as such with a smooth transition from the trail to the road and back to the trail without an unreasonable grade. In the event the road is installed by Grantor prior to the installation of the recreation way by Grantee, the grading of the recreation way to meet the road shall be done at Grantee's expense. 9. Grantee agrees that if the recreation trail for which this easement is being given is not constructed within four years from the date of this easement, or if the same is constructed but then is not used at any time for a period of three consecutive years, the easement granted herein shall be deemed abandoned to the then owners of the underlying fee title of the property over which the easement crosses. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor as of the day and ye first above written. 1eg 3 ,. �:.M5tK^r1M+r1,'^%'9"'=x.nf6. RL. � ""YR OT�"a-,x�n^R?'I!°+,h 3h vw wr..... 1.-•w:a r. w<_.. e av _v..yae _, .. .n x . r .^� < ,.,. -,_ �-x �. .. 1--..__. .........._.., ..... .� ..�..:...,.,.,. ,-.:,...... .t...e.....�,».,..,...:.�., _.t. ,,..�.. _..:.. ,e.mr<: r.• t..:w sno..w.�;..an.«:. x.. san..:e.w.,..ws..+v.;.+..='F"" LIBER 65 BARNEY, GROSSMAN. ROTH Q OUBOW ATTORNEYS AT LAW 316 NORTH TIOOA STREET RO. SOE 660S ITNACA NEW TORR IA661.66S4 Butterfield.eas Ith3, 9/1/89 4:34pm FMA124 STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) On the day of September, 1989, before me personally appeared , to me known and known tome to be the same person described in and who executed the within instrument and he duly acknowledged to me that he executed the same. Notary Public STATE OF NEW YORK ss. COUNTY OF TOMPKINS On September , 1989, before me personally came DAVID AUBLE to me known, hot being by me duly sworn, did depose and say that he resides in Ithaca, New York, that he is a general partner of BUTTERFIELD ASSOCIATES I, a partnership described in and which executed the forego ng instrument; that he was fully authorized by said partnershi to xecute such instrument; that he executed said instrument d sution was on behalf of said partnership. J cY ✓ %e t S4 tomplans (_ ovary, ''*�� .%Cr• 0-17....,., tGz�.l� y...la..r ded on th3 ......... WG fFI. 0 i�tK�FIi.....•••u•• ht, in LL;f 6 ad Pate ,�1............ and mi ............111 „ .,...fir. auk G .�'Fn.•tio......aae.':.�^..:tV.Ka::6J«....[..tkx+Mu:fi:.Ke, .rp,xS:taw.,e �.-. wn•'. n�:..]� .4..