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Home My WebLink About069881-001•TMq� �J BARN III DGROSSMAN, ROTHHUBOW ATTORN[Tf AT LAW 216 NORTH TIOOA STRUT •O sox Ouse ITHACA. NlW TONII INH•.AN !c<,.tr„+;R. MYNi'rlMn,+�#xSPS�"Aw�. -�< u+mx - ^a^av:.�n+� .•a•x..•. •.�.:'- "aWNI"Ah:..':;n,slM'M:+MAl:44�.wN+i;.a.Nsrw.M'Mir.r+rr�.!<?H>CNN`"+1.M.eRi•Y.W�.�.M'^..""x'�' 1 118/91 3:46pm REAL ESTATE We 665 to 453 M 8059 OCT 2 1 1991 Til; ^IT Ff R TAX EASEMENT AGREEMENT V., "k1NS THIS AGREEMEN$, made this �' _ day o September / 1991, by and between JOHN I. SINCEBAUGH of "'1 '� I'rl c I I)►i I(,/ „ ( ( f 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 Townover 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 60 feet in width, except as set forth on Schedule A, said easement to be substantially as shown.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 two additional strips of land, one on each side of the easement granted by this instrument, each strip being 15 feet in width and running the entire length of the permanent easement granted by this. instrument. Such temporary easement shall be for persons and vehicles while said Trail is being constructed. E 1 n•..+..•.».'.�lw,{�.:�••.,Mg:Y'm.R•f 7�Y.:W�a":I:fr'AAIAM.bM.!'.+'.•�Is!':Y!R I!'sew.+t�s.w+v.:�.t4r-.. n^a:r^r.R..a.w•n•MA1•.�.•'rv�i.'"�.;�i+:•.w"m;�•h�'Ri VeteN'>h-I��a�+.-:r�+^.Tt'MwMlw�ewestwvt�l+Cv"�4'c`aMPM/M/b.�RMtW�Ml. .1sLaM2.� ..+....w..w.w.w.+....+.s.•ewn....wwn.l w....r...w w..aa..wa..;,:.a..sr..-r..-,,. r • • WEI. GG5 fa 454 ' • ' soustcs % tscTiffas Nisi z *t j �vwls�oN' g1>r1N — s••�•aa.f SCALE 5. Ir tl•1•�r p rr•�•I :''�•.'••r':fi pKorosiv ft.41rMF 'R EASEMENTS ACROSS rat SINCEBAUGH PROPERTY 9W1H HLL RECREAM WAY We TOWN OF wMwocrT- ITWPTM ow •nIh .� O R 124 G RN[CA OT. iTHACA. N.Y. 1 .L o►1 1' • 200' • • • Schedule A 3. s f, u C 7 N since.eas, Ith3, 9/18/91 3:46pm LIER • C65 PA,-E 455 The grant of the easement by this instrument is subject to � the following terms and conditions: 1. Grantor reserves the underlying fee title to said property covered by said easement, subject to the rights and privileges herein granted to the Town. 2. Whenever any work is done on the Grantor's premises (other than work on the permanent easement area itself) the Town, at no expenses to the owner of such premises, will remove all debris and will restore the land surrounding the permanent easement area 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, provided, however, that failure to give such notice shall not be a waiver of any claim Grantor may have for any such damage or failure to restore. 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 within the permanent easement area without being obliged to restore such property to the prior condition. 3. 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. In this connection the parties.further agree as follows: (a) The new location of the easement would be mutually agreeable to both the Town and the then owner of the land over which the easement passes. (b) The easement would be located in such a way as to permit its continued feasible use as a recreation way. (c) If the relocation occurs within fifteen years of the date of this instrument, the reasonable costs of relocating same shall be borne by the Town. If the relocation occurs more than fifteen years from the date of this instrument the costs of relocating the easement shall be borne entirely by the then 'owner of the land seeking to have it relocated. (d) Both the Town and the owner of the real property BARNEY, GROSSMAN. over which the easement is to be relocated agree to exercise ROTH A OU®OW ATTORN[V• AT LAW 2 tlt NOW" TIOOA ttNttl t0 •Ot Ntt N^NACA, NtW 1'Otlll Ittt1'ttN y( i { { i ....w.r+'ywF�a w.k:.''r'ST:(!`Yn.n'AYnM^RAeFMT^^Y.MiYx'hbN^r':I. rw ha..nrt.�1'F".MRwF+.>+^'T`�s'1T .'Mrnf�Ypn�'ft�r.fei'.w..rTMN"w .�+s.�;��: q-^I•..:+•'Vw'.1.�'-ewYMPvwrtK1.^o+W'M"M:`,e+Yi'^IY11.».�1w+1M.+wfb�:ne�r+'.NMewWia'^rt"1 LM 665 since.eas, Ith3, o 1 456 @ARMLV.OROSSMAN MOTH • DU/OW ATTORMM AT LAW a. MwTN TwaA OTMET P.O. ww au rtNA" N.w YORK f4491•6994 9/18/91 3s46pm , good faith in attempting to agree on a mutually acceptable relocation of the right-of-way.. (a) Any relocation of the easement would be done in such a manner as not to require crossing of the ravine which runs somewhat adjacent to the easement as presently proposed unless the developer or person requesting its relocation agrees to pay all costs of constructing the crossing of the ravines. 4. If the recreation way is not constructed within four years from the date of the easement or if constructed it is not used and maintained by the Town as a recreation way or for other Town purposes for a consecutive period of three years the Town shall be deemed to have abandoned the recreation way to the then owner of the tract (if it had not been subdivided) and otherwise to the then adjacent land owners to the center line of the right-of-way in similar fashion as if the Town had abandoned a road . - 5. If the recreation way is constructed and this easement is not abandoned, and if subdivision of this parcel is sought by the owner within fifteen years of the date of this easement, the owner shall be given a credit of the area covered by this easement towards any required dedication of lands in the subdivision for recreational or park purposes. 6. 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. 7. 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. 8. 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 first abov written. '�JrtWn�' � •..` /ram,. bar - 3 C� J • rI ' As:lwtw./w.w+w+s�aw.wrr�i.:�«+w�+.��••+�'�•�•..� .,.•.. vNar„, .. .....e-.....-..•.,...s �.....e.._...t�..,....,..d...,.,:d�-,:..s:yK.,..11�Yaorr• .ua.a..a+s•�..aw..r.as.nv.,s....,,,,:...r,r..�.ew,...• .,. . • ,. �-1Y-T^v. ri': ".B 3.IM.eM:-rN�R^'leu./�flM1S'9lAliM'ar�S .,�nt�`.,a w.rwM'aFlc. ,rt^tr.•,. r. rtSv ,Am�i.�'irPt+.6� x-.•�i..MW.•a+`uux•+'✓�4'4Mo<f..�v'uwrrM•Nwv�.tY'Ms•�Ar''�'�•R+.^K'.'°•°'i�m4J"k'.�•..ry(Q(t BARNEY.oROSSMAN. ROTH A OUBOW ATTORN[Yf AT LAW 111 NORTH TIOOA 81099T #TNACA. NRW YORRIIR.1•�RM sioce.ems, Ith3, 9/18/91 3:46pm LKR 665 Pmx 457 STATE OF NEW YORK ) 8s: COUNTY OF TOMPKINS ) -� o On the -) day of September, 1991, before me personally appeared JOHN I. sINCEBAUS:H, to me known and known to me 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 PATRICIA K. SMITN Notary Public, StAb! of Nrw York rORPORATE ACKNOWLEDGEMENTCOrnmission Qualified in larnpkms Co. No. 468(�U Expuns Nov. 3q 19 STATE OF NEW YORK )ss.: COUNTY OF TOMPKINS j e(4Ch� On thjs IC''' day of-44ay, 1991, before me personally came Sh.r)P ,i•t{[ "P- ,a- to me personally known, who, being by me duly sworn, did depose and say thatrhe resides in Ithaca, New York, t�atShe is the S ro. rr �� of III rc ,r �. J i�Y• ., described in and which executed the within instrument; thatrhe knows the seal of said i ; that the seal affixed to said instrument is„¢uch seal; that it was r,,ao haffixed by order of the, Board of said oion; and thatrhe signed -name reto by like order. No ry Publicp/ .WAC. SONEY state Of NOW YOfk (� Q,nptcin Cou 6985 Tom eqgraSW~ 30,194w Tompkins County, 3s: y o �. 19�,%. Re orded on the ,,,,,, of ..:. ••- o'clock M., In Libtr ... . of pv9e .........&f'.Z........... and exa GI�Q ............................p. ........ Clod 4 1 ,.. s.s+ ••e:N d.r.,^rs.Y..viw^.r: �Wra'••4+:.M(Rx*�.nq.,e«>e "-..A.•t.:..e..-.x�.n.nr...,,y...nrs>+a•wYwfn!nLLs«wwl.e+npMMM•sM...xWNi.RRW'.xw•Mx:YC.^.u9'14 Mx. ...,. .. %.t .s,�eh:f'.t A�'VYi�girri:�3i.: f'�+1+Y•P'"sk'11N1"'.:e..m+ue+«,.xsry C Cr