HomeMy WebLinkAbout077050-00171
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EASEMENT AGREEMENT
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THIS AGREEMENT, made this )7 day of e.r o ,
1993, by and between HILLSIDE ALLIANCE CHURCH ot 1420
Slaterville Road, 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,
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WITNESSETH
WHEREAS, the Town is the Owner of Premises known generally
as the "Grandview Park" being premises adjoining premises of the
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Grantor, (the "Park"); and
WHEREAS, it would be advantageous to the Town to obtain
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access to the Park over premises owned by the Grantor on Route
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79 in the Town of Ithaca, Tompkins County, New York; and
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WHEREAS, the Grantor is willing to convey to the Town an
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easement for the purposes of using a gravel drive (the "Drive"),
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for purposes of ingress and egress from Route 79 to the Park,
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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 Drive, 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 right of way to enter
upon, construct, operate, maintain, repair, and replace a
driveway across or upon the lands of the Grantor in said Town, j
said easement to be 20 feet in width, said easement to be as
shown on the attached map entitled "Survey Map Showing Proposed
20 foot wide easement through lands owned by the Gospel
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Tabernacle of the Christian and -Missionary Alliance" dated April
14, 1989, made by T.G. Miller Associates, P.C., a copy of which
is annexed hereto. Said drive and easement shall be used for
purposes of pedestrian and vehicular ingress and egress from
Route 79 to the Grandview Park site as shown on the annexed map.
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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.
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2, Whenever an work is done on the Grantor's
Y premises, the
ATTONNErE AT LAW
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Town, at no expenses to the owner of such premises, will remove
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BARNEV. GROSSMAN,
ROTH B DUBOW
A"ORNVYS AT LAW
.1f MOATN TIOOA •TIK[T
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rTNACA. Ntw TOI.M �.NI ..N
GOSPEL.EAS, WP4IITH, 1/28/93 4:02pm
WEe 719 FacE 129
all debris and will restore the land surrounding the Drive 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.
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
Drive and constructing the same at Grantor's expense.
4. 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 and except for
the existing mortgage lien on the premises.
5. If Grantor is a corporation, Grantor represents and
warrants that the conveyance provided for in this instrument has
been duly authorized by the directors or other appropriate
governing body of the Grantor.. Grantor makes no representation
as to whether an order from the Supreme Court authorizing the
transfer is required and states that no order has been obtained.
Grantor agrees to cooperate with the Town in soliciting such an
order if the Town desires to obtain same, the entire cost of
which shall be borne by the Town.
6. In the event the Drive 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 easement rights in
and to the property.
7. The Town agrees to reasonably repair and maintain the
easement area to the extent such repairs or maintenance are
reasonably required as a result of the Town's use of the
easement area.
8. This agreement may be terminated at any time by the Town
giving to the Grantor notice of such termination. Upon such
termination all obligations of the parties shall terminate
except the obligation to indemnify not forth below, which
obligation shall continue with respect to claims arising out of
any acts occurring before termination.
9. The easement granted by this instrument shall continue
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SARNEY. GROSSMAN.
ROTH a OUSOW
ATTORNEYS AT LAW
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GOSPEL.EAS, WP4IITH, 1/28/93 4:30pm LIM 719 PKIE 131
for a period of ten years unless earlier terminated by the Town
as set forth above. The easement shall be automatically renewed
for additional successive periods of one year unless the Grantor
shall notify the Town that the easement is not being renewed,
which notification shall be given at least one year prior to the
termination of the easement.
10. If the Grantor finds the existence of this easement to
be detrimental to the remaining premises of Grantor at a time
other than at the decennial renewal of this lease, Grantor may
notify Grantee in writing that Grantor wishes to terminate such
easement. Grantee agrees to review such request and may, but is
not obligated to, choose to grant such request if in Grantee's
sole discretion satisfactory alternative access to the park may
be provided.
11. 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 -rate
portion of the fault giving rise to the damages for which a
claim is made.
12. 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 and the Grantee as of the day and year first
above written.
HILLSIDE ALLIANCE CHURCH
By:
TOWN O�F'I`TIH,ACA
By
Supervisor
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LAER
DAMN[Y. GROSSMAN.
MOTH a DUBOW
ATTGONa[e AT LAW
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GOSPEL.EAS, WP4IITH, 1/28/93 4S02pm
FADE D2
STATE OF NEW YORK
COUNTY OF TONPKINS )
On this /~ day of�'�'�7 , 1993, before me
personally came o J. LPANV L v to me personally known,
who, being by me duly sworn, did deposer and say that he resides
in Ithaca, New York, that he is the /; lzee of
HILLSIDE ALLIANCE CHURCH the corporation described in and which
executed the 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 name
thereto by like order.
Notary Public
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Cc' 93
STATE OF NEW YORK )
COUNTY OF TOHPKINS)ss.:
On this 10" day of M Rr , 1993, before me,
came Shirley Raffensperger, to m1 personally known who, being
by me duly sworn, did depose and say that she resides at 139
Pine Tree Road, Ithaca, New York, and that she is the Supervisor
of the Town of Ithaca, who executed the within instrument, and
she acknowledged to me that she executed the same, and that such
execution was on behalf of the Toy4M of Ithaca and that the Town
Board of such Town duly authorize y u exe ution.
NotArt, u is
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Recorded he.......I(.�....................... Day
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JONN C. BARNEY
Notary PubllM Sate of Now YNk
No, 55-0188985
Ouallfied in Tompkins Co
. 1 Tjrm Expires September 300
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