HomeMy WebLinkAbout070470-001IIBER �6 % PAGE 98
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M REAL ESTATE
r4 JAN 6 19V
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102
EASEMENT AGREEMENT
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THIS AGREEMENT, made this 3 d day
y November, 1991, by
and between ORLANDO IACOVELLI of y, 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 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 easement may be used by the Town
and the general public for recreational purposes.
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,
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
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—) il18ER 66 % PACE 99
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Made the %J day of �1fA,GV•.
Nineteen ffupdred and Eighty -
Departs NEW TORE STATE ELECTRIC 6 CAE CORPORATION. i t
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a corporation organised under OW law, of thJ State of NOW York, laving an offlea at
Tow of Dryden, (no street address). Camr/ of Tsopkinsa State of Now York,
party of the first part. and
ORL NDO TACOVELU, residing at 270 hrrsylvanla Avenue, Ithaca• New Tork,
parry of the wand port,
021ints.etp that the party of thefirst rst part, In consideration of
one and nor* ---- ------Dollar (S }.00+
lau.Jr l n:onetj of the United Slates. * d ocher gopd d valuable eons idataclon
paid by the party of the second part, does hereby remise, release and quitclaim
unit, life party of the secandpart, his Mire, successors andassigniformer,.dk
ALL TNAT TRACT OR PARCEL OF LAND .Russo In the Town of Ithaca, County of
Tompkins and Stat* of New York, particularly bounded and described so follows:
A portion of the former Delaware, Lackawanna and Western Railroad Company
land being 60't in :width and extending 66't in length beginning at a point
about 2764' north... tally or the ceat.rlIn. of Hudson Street, located
bctwo.n survey *adore. Ilasa s 11.2 and 13149 , 89, as shorn on certain
map. tiled in the .Tompkins County Clark'• Office on Jun. 13. 1960 as Map
Tube No. JOG.
RESERVING to the party of the first part, its successors and assign.• a parnanent
went and right of ray over and scros* the above described prnlsoo with the
right, priviI ego and authority to construct, reconstruct, relocate, operate,
lnupect, mints In, repair, replace and at Its pleasure remove any polos, towers
or tin.. of pole., line. or towar.. supporting structures• cables, crassarm,
overhead and underground fires, guy.• braces, eammenleatlon [ac111t1a*, and other
fixtures or appurt*n..c*. which the party of the first part shall esquire Cow And
Iran time to tim for the trannleslon and/or di.tributlon of electric current
for public or private use in, upon, over. under and across the aid lord,
together with fr.. ingreesand *gross for all of the ebov. purpos*s including the
right now, and frow tlm to tiaa to tri , rut, burn and reaove by .anual,
mch.anlcal or chnical ease tress and bm.h, and other obstructions rUhIn said
ve-eent or right of way.
SUBJECT to, if any, s000eents, restrictions and Covenants or record that my l
affect the prnis.s described above.
BEING a portion or the ssee pro.ise. conveyed by dead fr= the Daiwa",
Lackawanna and Vs.tera Railroad Ca.p.ny to. New York State Does
S C.
corpse an dated Jam 21, 1960 and r*aorded thesun. 2e, 1960 in tToagkiaa County
Office, In Rook 429 of Deed. at P210 212.
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TRANSFER TAX
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SCHEDULE A
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EASEMENT ACROSS
IACOVEW PROPERTY
SOUTH HILL RECREA noN WAY
TOWN OF ITHACA B%
4/7/91 PIANMJNO DEFT. dtF
W. 1! [. KNEGA •T. t
ITIACA. N.Y. I-0 M 1 OF�!-
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iacovelli.eas, ith, 11/15/91 11154am
FIBER Q j ?Acf 101
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.
1 3. By accepting the easement the Town agrees that,
notwithstanding any other terms of this easement, the Town will
fill in the easement area with appropriate fill to bring it up
i to the same grade as the adjoining 'property to the northeast
and southwest of the easement .area owned by grantor and will
grade the portions of the trail running northwest and southeast
of the easement area up to the grade as.so filled, such work'to
be done by the Town by April 30, 1992.'' If such grading is not
accomplished by such date, this agreement shall be null and
void and neither party shall have any further obligations
regarding same unless the agreement is by mutual agreement
extended.
4. The -Town agrees to indemnify and hold .Grantor harmless
for any claims, damages, or losses by reason of the negligence
or willful wrongful act of the Town in the course of
i construction on, filling in, or operation or maintenance of,
the easement area provided that such claim, damage, or loss is
j not caused in.part by the negligence or willful wrongful act of
i Grantor. The indemnification provision contained herein shall
terminate if and when the Grantor or Grantor's successors,
heirs or assigns conveys title to the easement area to the Town
for highway purposes as part of the Klondike subdivision, or as
part of any other approved subdivision. The termination of the
indemnity shall not alter the relative legal rights and
• responsibilities of the parties that would otherwise normally
pertain after conveyance of a this easement and the subsequent
conveyance of a road to the Town.
5. 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.
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.
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iacovelli.eas, ith, 11/15/91 11:54am
UBER 667 PACE 102
7. The execution of this agreement by Grantor is in no
way to be construed as any alteration, diminution, or
termination of Grantor's rights to construct a road, water and
sewer lines, or other underground utilities common to
residential development over all or a portion of the easement
area in accordance with subdivision plans previously approved
by the Town Planning Board. The Town agrees to close the
portion of the recreation way crossing the easement area
provided by this agreement for two occasions for up to 30
consecutive days each, upon the written request of Grantor, to
enable Grantor to construct a road, water or sewer lines or
other underground utilities common to residential development
over same, and to protect the public from possible injury
during the course of such construction. The written request
shall be delivered to the Town at least five business days
before the requested closing occurs.
8. In the event the Town does not construct a trail
within three years of the date of the grant of this easement,
the easement shall terminate and the title to same shall revert
to the then owner of the underlying fee title to the property,
and neither the Town nor the grantor shall have any further
obligations with respect to this agreement.
9. 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 above written.
Orlando Iacovelli
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF NEW YORK )
)ss:
COUNTY OF TOMPKINS )
On the JOgh day of November, 1991, before me personally
appeared ORLANDO IACOVELLI, 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 ublic �tf'/YI 4)/kFS 4,f3019,5
l _rompkins County, ss: 1 3 BETTY F. Pd01i
Rtj9rded on the,.— .� .. o of ..(�� Id,Y NOTARY PUBLIC
... .�;. o'clock . M., in Libor ....� 7..... of ... .......... STATE OF NEW PORK
at page ............9g............ and a mined i%e � , k 4646 427
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