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DEED OF CONSERVATION EASEMENT
This deed of conservation easement is made this I Us day day of _MAL, 1994 by John E. and Amy
W. Little having an address at 3 Chase Lane, Ithaca, New York, 14850 ("Grantors") to the Town
of Ithaca, a municipality of the State of New York having an address of 126 East Seneca Street,
Ithaca, New York 14850 ("Grantee").
WITNESSETH •
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WHEREAS, the Grantors are the sole owners in fee simple of certain real property (the
"Property") consisting of eight and one-half acres (8.5 acres) in the Town of Ithaca, Tompkins
County, State of New York, more particularly described in Schedule A, attached hereto and
incorporated herein; and
WHEREAS, the Property possesses natural and ecological values (collectively,
"conservation values") of great importance to the Grantors, the Town of Ithaca and the people
of the State of New York, and
WHEREAS, the specific conservation values of the Property are documented in an
inventory of relevant features of the Property, designated as "Baseline Documentation", which
consists of the following items filed with the Grantee herewith: subdivision map indicating
bounds of the casement, general description of the Property, photocopies of the tar map and the
Town of Ithaca's aerial photo, photographs and related items, the parties agreeing that these items
provide, collectively, an accurate representation of the Property at the time of this grant and that
they serve as an objective information baseline for monitoring compliance with the terms of this
grant; and
WHEREAS, Grantors intend that the conservation values of the Property be preserved and
maintained and that land use patterns existing at the time of this grant including but not limited
to farming and passive recreation, that do not significantly impair or interfere with those values, •
he allowed to continue; and
WI IEREAS, Grantors further intend, as owners of the Property, to convey to Grantee the
right to preserve and protect the conservation values of the Property in perpetuity; and
WHEREAS, Grantee is a municipality organized under the laws of the State of New York
and is interested in the preservation, protection and enhancement of this land, and/or open space
condition, and
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
condition and restrictions contained herein, and pursuant to New York State Environmental
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WER� 725 PAGE lag
cooked wPJ/1+A, wry Jl. 19w 11:1J—
SCIIEDULE A
PARCEL OF LAND COVERED BY THE CONSERVATION EASEMENT TO THE TOWN
Of ITIIACA
• ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, more particularly described as follows:
COMMENCING al a point in the east line of Ridgecrest Road at an iron pipe which iron
pipe is at the intersection of the south line of premises now or formerly owned by Puczkowski
(sec Liber 638 of Dccds at Page 266) and the cast line of Ridgecrest Road, and which iron pipe
is approximately 3(N) feet southerly along the cast line of Ridgecrest Road from its intersection
with a south line of a I(8) foot wide New York State Electric & Gas Corporation right of way
and which point of beginning is 25 feet easterly lions the caner line of Ridgecrest Road; running
thence south 87 degrees 56 minulcs cast :long the south line of Puczkowski a distance of 255.5
feet ± to an iron pipe; running thence north 8 degrees 9 minutes west along an easterly line of
Puczkowski 115.0 feel to an iron pipe; running thence north 89 degrees 47 minutes cast 5 feet
to a Southeasterly corner of premises now or formerly of Stoffregen (sec Liber 641 of Dccds at
Page 972): running thence north 5 degrees 8 minutes west ;Jong the east line of Slofliegen 118.6
feet to a northeast corner of Stolnegen; running thence south 82 degrees 48 minutes west 5 feet
along the north line of Sloffregen to an iron Pin in the southeast corner of premises reputedly
owned by Barr (see Liber 462 of Deeds at Page 329); running thence north 5 degrees 8 minutes
west along the easterly line of Barr a distance of 137.5 feet to an iron pipe: running thence north
70 degrees 8 minutes cast, and subslantially parallel to the New York Stale Electric & Gas
Corporation casement referred to above a distance ul' 583.8 feet to an iron pipe; running thence
south 13 degrees 25 minutes cast 562 feet to an iron pipe: running thence south 77 degrees 52
minutes west 162.9 feet to an iron pin: running thence south 9 degrees 21 minutes west 175.2
feet to a point, which point is approximately 27 feet northerly from an existing wire fence;
• running thence north 86 degrees 57 minutes west and Substantially parallel to said existing fence
350 feet to a point; running thence north 34 degrees I minutes west 170.6 feet to a point;
running thence north 87 degrees 56 minutes west and parallel to the first course described above
a distance of 274.4 feet to the cast line of Ridgecrest Road; running thence north 2 degrees 4
minutes cast along the cast line of Ridgecrest Road and parallel to the center line of Ridgecrest
Road 25 feet to the point or place of beginning.
BEING a portion of the premises conveyed to Citizens Savings Bank, F.S.B. by deed
recorded in the Tompkins County Clerk's Office in Book 673 of Deeds at Page 70. and being
a portion of the premises conveyed by Citizens Savings Bank, F.S.B. to grantors herein by deed
dated April 13, 1994, recorded in the Tompkins County Clerk's Office in Book 722 of Deeds at
page 66.
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lI6ER 725 PAGE 190
cm&d %pHish. May ll, IM 11:dJmw
The above described premises are shown on a map entitled "Final Subdivision Map
Showing Lands to he Subdivided by John E. and Amy W. Little located between Troy and
Ridgecrest Roads, Town of Ithaca, Tompkins County, New York" made by T.G. Miller, P.C.,
Engineers and Surveyors, dated March 10, 1994. a copy of which map was filed in the Tompkins
County Clerk's Office on April 27, 1994, in Map Drawer V, Sheet 133.
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uses 725 Pace 191
to -4,ed-p5hth, May 31, 19W 1 /.Ilan
Conservation Law, Section 49-0301, et. seq. Grantors hereby voluntarily grant and convey to the
Grantee a conservation casement in perpetuity over the Property of the nature and character
hereinafter set forth (the "Easement").
1. Purpose. It is the purpose of this Easement to:
(a) Assure that, except as provided herein, the Property will be retained and managed
forever in a natural condition, thus protecting significant natural habitat for wildlife and plants;
(b) Prevent any use of the Property that will significantly impair or interfere with the
conservation values of the property;
(c) Protect the water quality of Six Mile Creek, the public water supply for the City of
Ithaca.
Grantors intend that this Easement will confine the use of the Property to such activities
as are consistent with the purpose of this Easement.
2. Rights of Grantee. To accomplish the purpose of this Easement. the following rights
are conveyed to Grantee by this Easement:
(a) To preserve and protect the conservation values of the Property;
(h) To enter upon the Property at least once a year, at reasonable times, in order to
monitor Grantors' compliance with, and otherwise enforce the terms of this basement, provided
that such entry, whenever practicable, shall be upon prior reasonable notice to Grantors, and
Grantee shall not unreasonably interfere with Grantors' use and quiet enjoyment of the Property;
and
(c) To prevent any activity on or use of the Property that is inconsistent with the purpose
of this Easement, and to require the restoration of such areas or features of the Property that may
be damaged by any inconsistent activity or use, pursuant to paragraph S (Grantee's Remedies).
3. Prohibited Uses. The parties agree that the following uses and activities are
prohibited on the Property:
(a) Commercial or industrial activity, except as specified under Reserved Rights;
(b) Except as provided under Reserved Rights: placement, construction or enlargement
of roads, parking lots, billboards, buildings (including residences), permanent camping
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LIBER 725 PA;E 192
CVWkkW *r5h1h, May JJ, JOW JJ:JJ�
accommodations, mobile homes, or other structures;
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(c) Tree cutting except as necessary under any activity permitted under Reserved Rights,
with any tree cutting permitted under the Reserved Rights to not violate Prohibited Use (g); !
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(d) in areas that are wooded at the time of this Grant or within 50 (fifty) feet of wetlands
or streams: grazing of domestic animals, or other use not related to the growing of crops;
(e) In areas within fifty (50) feet of wetlands or streams, or areas within wetlands or
streams, any agricultural activity except in accordance with a conservation plan approved by the
United States Department of Agriculture or the United States Civil Conservation Service or other
similar governmental entity performing essentially the same functions (hereinafter referred to as
the "USDA/SCS");
(1) Dumping or disposal of waste. rel'use or debris on the Property, except for plant or
animal materials generated on the Property, and disposed of at least 2W (two hundred) feet from
any wetland, stream or other body of water, and in a manner consistent with the purpose of this t
Easement;
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(g) Any alteration of the topography, including, but not limited to, the excavation or j
removal of soil, sand, gravel, rock, or sod except as may be required in the course of any activity
permitted herein; provided that construction :materials, such as rock and dirt, may be taken for
use on the Property from locations approved by Grantee;
(h) Any use or activity that causes or is likely to cause significant degradation of the land
from a natural condition or significant sedimentation or pollution tit' any surface or subsurface
waters;
(i) Except as provided under Reserved Rights; any manipulation or alteration of any
stream or wetland on the Property;
0) Application of pesticides (including but not limited to, insecticides, fungicides,
rodenticides and herbicides), except as expressly permitted in writing by the Grantee which
permission shall not he unreasonably withheld; any application of pesticides after permission is
obtained shall be done only (i) in connection with the then permitted agricultural use of the
Property and (ii) in an agriculturally, ecologically, and environmentally appropriate manner, and
(iii) if in bulk, by a certified applicator reasonably satisfactory to Grantee;
(k) The raising of animals (including farm animals) or the operation of any kennel;
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061R 725 PAGE 193
e,ftktd -rJh h. Mw ll. IVW 11,11 e
(1) Any use or operation of any motorized vehicles, except motorized vehicles such as
tractors or trucks necessary or normally used in connection with any agricultural uses permitted
under the terms of this casement:
• (m) Any use of the Property or any activity thereon which is inconsistent with the
purpose of this Easement.
4. Reserved Rights. Grantors reserve all rights accruing from their ownership of the
Property, except for those rights and limitations specifically agreed to or surrendered by the terms
of this instrument and except for those rights that would he inconsistent with the purpose of this
casement. Without limiting the foregoing Grantors reserve the right to:
(a) Raise and harvest Christmas trees and other crops, provided the same is done in
accordance with ecologically sound and sustainable horticultural practices and provided that such
use does not take place in any wetland or along any stream and provided further that if such
activities occur within 50 feet of any wetland or any stream the same is to he done only in
accordance with a soil conservation plan approved by the USDVSCS:
(h) Cut firewood for personal use of the Grantor and cut trees to remove a hazardous or
diseased condition provided such activities are dune in accordance with ecologically sound and
sustainable horticultural practices:
(c) Upon the written consent of Grantee, construct, repair, replace or enlarge
nonresidential structures directly related to permitted agricultural uses, provided said structwes
are located in a manner which will minimize the impact on wildlife habitat and waterways;
(d) Upon the written consent of Grantee, build or enlarge ponds, wetlands, shallow water
impoundments, or other improvements to enhance wildlife habitat;
• (e) Upon the written consent of Grantee, construct unpaved access roads (not to exceed
12' in width) as may be needed for any agricultural activity permitted herein:
(f) Engage in, and permit others to engage in, recreational uses of the Property, included,
but not limited to, skiing, hiking, and hunting that neither require nor produce significant surface
alteration of the land, and that are consistent with the purpose of this Easement;
(g) Maintain and/or create foot trails;
(h) Upon written consent of Grantee, construct a lean-to or other shelter not to exceed
150 square feet.
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116 725 Pact 194
cvwlyd wpJrlA, May!l , I M rl rrlaw
(i) Upon 30 days prior written notice to Grantee:
(i) Sell, give, lease or otherwise; convey the Property or portions of the Property,
subject to the terms of this Easement;
Of Harvest timber in accordance with ecologically sound forestry conservation
practices.
5. Grantee's Remedies. If Grantee determines that Grantors are in violation of the terms
of this Easement or that a violation is threatened, Grantee shall give written notice to Grantors
of such violation and demand corrective action sufficient to cure the violation. Where the
violation involves injury to the Property resulting from any use or activity inconsistent with the
purpose of this Easement, Grantee shall require restoration of the injured portion of the Property.
If Grantors fail to cure the violation within thirty (30) days after receipt of notice thereof
from Grantee, or under circumstances where the violation cannot reasonably he cured within a
thirty (30) day prior, fail to begin curing such violation within the thirty (30) day prior, or fail
to continue diligently to cure such violation until finally cured, Grantee may bring an action at
law or in equity for a temporary or permanent injunction, to recover any damages to which it
may be entitled for violation of the terms of this Easement or injury to any conservation values
protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental
values, and to require the restoration of the Property to the condition that existed prior to any
such injury.
Grantee, in its sole discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the Property. It Grantee, in its sole discretion, detemtines
that circumstances require immediate action to prevent or mitigate significant damage to the
conservation values of the Property, Grantee may pursue its remedies under this paragraph
without waiting for the period provided for cure to expire, provided Grantee makes every
reasonable effort to give Grantor prior notice. Grantee's remedies described in this paragraph
shall be in addition to, and not in limitation of, any other rights and remedies available to the
Grantee for enforcement of the Easement.
5.1 Costs of Enforcement. Any reasonable costs incurred by Grantee in enforcing the
terms of this Easement against Grantors, including but not limited to, costs of suit and attorney's
fees, and any costs of restoration necessitated by Grantor's violation of the terms of this
Easement shall be borne by the Grantors.
5.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this
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LcR 725I'ME 195
Easement in the event of any breach of any term of this Easement by Grantors shall not he
deemed or construed to be a waiver by Grantee of such term or any subsequent breach of the
same or any other term of this Easement or any of Grantee's rights under this Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors
• shall impair such right or remedy or he construed as a waiver.
5.3 Acts Beyond Grantors' Control. Nothing contained in this Easement shall be
construed to entitle either Grantors or Grantee to bring any action against the other for any injury
to, or change in, the Property resulting from causes beyond Grantors' control, including but not
limited to, fire, flood, storm, and earth movement, or from any prudent action taken by Grantors
under emergency conditions to prevent, ahate, or mitigate significant injury to the Property
resulting from such causes.
5.4 Third party enforcement right. In addition to the right of the Grantee to enforce
the terms of this Easement, the parties specifically agree that any not for profit conservation
organization (as defined in Section 49-0303 of the Environmental Conservation Law or any
successor or similar statute), specifically designated by name by a duly adopted resolution of the
Town of Ithaca Town Board, shall he authorized and empowered to enforce any of the terms of
this Easement except in those circumstances where the Grantee has, by written document,
executed in accordance with all applicable requirements of law for the modification of easements,
consented to a deviation from the requirements of this Easement and/or a modification of the
terms of this Easement.
6. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement. The Property shall remain for the private use of, and may he posted
by the Grantors.
7. Costs, Liabilities, and Indemnity. Grantors retain alt responsibilities and shall hear
all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance
• of the Property, including the maintenance of adequate comprehensive general liability insurance
coverage. Grantors agree to obtain and maintain liability insurance in an amount required by
Grantee, covering risks required by Grantee, and naming the Grantee as an additional insured.
initially, the amount of such insurance shall provide coverage for any loss of at least
$1,(X1),(NN).(X) per occurrence and $2,(NN),(NN) W in the aggregate. Copies of such policies or
certificates acceptable to Grantee shall he provided to Grantee by Grantors at least annually. in
addition, Grantors hereby indemnify and hold harmless the Grantee against all claims, losses,
damages, and expenses, including reasonable attorneys' fees, the Grantee may suffer as a result
of the negligence or willful act of the Grantor in maintaining the Property or any structures or
improvements on same, or by permitting any dangerous condition to exist on same, including any
costs, damages, or losses the Grantee may suffer by reason of defending any lawsuits brought
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LIBER 725 PAGE 196
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against the Grantee by reason of having accepted the grant of this Easement and/or by reason of
being the holder of this Easement.
8. ExtingulshmeriL If circumstances arise in the future that, in the opinion of the
Grantee, render the purpose of this Easement impossible to accomplish or it is in the best
interests of the public to do so, this Easement can be modified or terminated based upon the
mutual agreement of the Grantee and the then owner of the fee title to the Property. No such
extinguishment shall occur unless and until a public hearing on same has been held by the Town
Board of the Town of Ithaca upon at least ten days prior public published notice and mailing of
notice of such hearing to the then owners of the fee title to the Property and all owners of land
adjacent to the Property. Notice shall also he given to the Chairperson of the Conservation Board
of the Town of Ithaca, if there is one then in existence, and it) the Chairperson of the Tompkins
County Environmental Management Council it' there is such an institution in existence.
8.1 Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, with a fair market value that is equal to the proportionate value that the Easement bears
to the value of the Property as a whole at the time of this gift. However, any increase in value
that is attributable to improvements made alter the date of this grant shall not serve to increase
the value of this Easement. The values at the time of this grant shall be those used to calculate
the deduction for federal income tax purposes allowable by reason of this grant, pursuant to
Section 170(h) of the Internal Revenue Code of 1954, as amended. For the purposes of this
paragraph, the ratio of the value of the Easement to the value of the property unencumbered by
the Easement shall remain constant.
9. Assignment. This Easement is transferable by Grantee, but Grantee may assign its
rights and obligations under this Easement only to an organization that is a qualified organization
at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended
(or any successor provision then applicable) and the applicable regulations promulgated
thereunder, and authorized to acquire and hold conservation casements under New York State
statute. As a condition ol'such transfer, Grantee shall require that the conservation purposes that
this grant is intended to advance continue to he carried out.
10. Payment of Taxes. Grantor agrees to pay all real estate taxes and assessments
lawfully assessed against the Property and to furnish to the Grantee, upon request, copies of tax
receipts showing such payment. In the event the Grantor fails to pay any such taxes or
assessments within thirty (30) days of their original due date, then the Grantee may pay such
taxes or assessments and Grantor agrees to reimburse the Grantee upon demand for the cost of
said taxes, together with interest on the amount so paid by the Grantee at the highest rate
permitted by law.
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i6IR 725 Past 19,r
ca k d-r5lad, May 31, 1 vW 1 /.24-
11. Subsequent Transfers. Any subsequent conveyance including, but not limited to,
the transfer, lease, or mortgage of the Property or a portion of the Property, shall be subject to
this Easement. Grantor agrees that any deed, lease, or other instrument evidencing or effecting
such conveyance shall contain language substantially as follows: "This [conveyance, lease,
deed, etc.] is subject to a conservation easement dated May 31, 1994 which nuns with the
land for the benefit of the Town of Ithaca, and recorded in the Tompkins County Clerk's
Office." Grantors further agree to give written notice to Grantee of the transfer of any interest
at least thirty days prior to the date of such transfer. The failure of Grantors to perform any act
required by this paragraph shall not impair the validity of this Easement nor limit its
enforceability in any way.
12. Survey. Grantee has the right to conduct a professional boundary survey of the
Property or any part thereof; however, said survey shall only be at Grantor's expense if and to
the extent necessary to determine if a prohibited land use is located within the Property or in any 1
area thereof where it is prohibited.
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13. Certificates of Compliance. Upon request by Grantors, but no more frequently than
every three years, Grantee shall within thirty (30) days execute and deliver to Grantors a
document that sets forth any violation of this Easement known to the Grantee at the time of such
request and further certifies, if no violations are then known, that as far as Grantee knows the
Grantors are then in compliance with any obligation of Grantors contained in this Easement. No I
such certificate shall be issued unless there is paid to the Town a fee, established by the Grantee,
to compensate the Grantee for making any necessary inspections and the preparation of any
documents to effect such certification. Such fee shall be reasonably commensurate to the cost
and expense of the Town for so inspecting and so certifying.
14. Notices. Any notice., demand, consent, approval, or communication that either party
desires or is required to give to the other shall be in writing and either served personally or sent
by first class mail, postage prepaid, addressed as shown in this grant or to such other address as
either party from time to time shall designate by written notice to the other.
• IS. Recordation. Grantee shall record this instrument in timely fashion in the official
records of Tompkins County, New York, and may re-record it at any time as may be required
to preserve its rights in this Easement. Any expenses of recording the document shall be paid
by Grantor, including any recording fees, deed stamps or similar such fees.
16. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of New York.
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lIB[A 725 tact 19b
COMIWr Mdifth, w.r er, ivw 11:13aW
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the Grantee to effect the
purpose of this Easement and the policy and purpose of NYS Environmental Conservation Law
49-0301. If any provision of this instrument is found to be ambiguous, an interpretation
consistent with the purpose of this Easement that would render the provision valid shall be
favored over any interpretation that would render it invalid.
(c) Severability. If any provision of this Easement is found to be invalid, the remainder
of the provisions of this Easement shall not be affected thereby.
(d) Entire Agreement. This instrument, and the documentation referred to herein, set
forth the entire agreement of the parties with respect to the Easement, and supersede all prior
discussions, negotiations, undersuindings, or agreements relating to this Easement. No alteration
or variation of this instrument shall be valid or binding unless contained in an amendment that
complies with paragraph 17.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantors' title in any i.;spect.
(f) Joint Obligation. In the event that more than one individual joins in the execution
of this document as Grantor, said Grantors are subject to this Easement jointly and severally.
(g) Successors. All covenants, terns, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of, the parties hereto and their respective
representatives, heirs, successors, and assigns, and shall continue as a servitude running in
perpetuity with the Property.
(h) Application of prohibited uses to other properly. The Grantor hereby relinquishes
and terminates the development rights on the Property, as provided under "Prohibited Uses," so
that such right.% are terminated and extinguished and may not be used or transferred to adjacent
or any other parcels. (Fur example, the Property shall not be used as an open -space -set -aside for
a development (,,u an adjacent or other property, thus increasing the density of that development
beyond what would otherwise he permitted.) However, this shall not be construed to limit in any
way the 'Reserved Rights" provided for under paragraphs 4 and 4.1.
(i) Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
0) Counterparts. The parties may execute this instrument in two or more counterparts,
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USER 725 PACE 199
—ked wr5h&h. May 31. 19W 11:1 Jai,
which shall, in the aggregate, he signed by both parties; each counterpart shall he deemed an
original document as against any party who has signed it. In the event of any disparity between
the counterparts produced, the recorded counterpart shall be controlling.
17. Amendment. If circumstances arise under which an amendment to or modification
of this Easement would he appropriate, grantors and grantee are free to jointly amend this
Easement by written document. signed and duly acknowledged, as with the case of the original
agreement; provided that no amendment shall he allowed that will affect the qualification of this
Easement of the status of the Grantee under any applicable laws, including ECL Section 49-0301
or Section 170(h) of the Internal Revenue Code of 1954, as amended, and any amendment shall
txr consistent with the purpo.w of this Easement. Any such amendment shall he recorded in the
official records of the O(lice of the Clerk of Tompkins County, New York State. All costs in
connection with amendment shall he horne by the Grantor unless Grantee initiates the amendment
or waives this requirement. No amendment shall he executed until a public hearing on the
proposed amendment is held pursuant to public notice in manner similar to that set forth above
for extinguishing this casement.
18. Representations, warranties, and covenants of Grantor. Grantor covenants,
warrant.% and represents to Grantee as follows:
(a) Grantor owns the Property and has good right to grant and convey this Easement.
(b) The Grantee shall quietly enjoy this Easement and all of the benefits arising
therefrom.
(c) The Property is free from encumbrances and liens of any nature whatsoever.
(d) The Grantor will execute or procure any further necessary assurance of the title to
the premiws.
(e) The Grantor has not suffered anything whereby the premises have been encumbered
in any way.
(1) This conveyance is made subject to the trust fund provisions of Section 13 of the Lien
Law.
(g) The Grantor grants this Easement unto the Grantee and its successors and assigns to
have and to hold the same forever subject only to the modification or termination of same as
provided in this Agreement.
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19. Consent of Grantee. So long as the Town of Ithaca is the holder of the easement
granted by this instrument, the consent of the Grantee required by any provision herein shall
mean the consent of the Town of Ithaca Town Board. If this easement is transferred to any other
party, consent shall be by such other party, or by the duly authorized representative of such party.
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116E9 725 PACE 201
Iod-4 wp51A, May Jl, row 1/:/Ja.r
1N WITNESS WHEREOF, Grantors and Gnu a have set their hands on the day and
year first above written.
• { Gran or
..-o
'f Grantor
S . .
REALE31ATE
TOyF OF ITHACA, Grantee
JUN 3 IAA
By:
TR;u .F; 1 r,X f.► Towt upervisor
I C,r:
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.c
On this 0" day of _ rrdi . 1994, before me personally appeared JOHN E.
LITTLE and AMY W, LITTLE, to me known and known to me to he the same persons described
in and who executed the within instrument and they du a •knowledged to me that they executed
the same.
l e,
Not ublic
Jrll'N C RARNFY
! STATE OF NEW YORK) �1'-WYork
• COUNTY OF TOMPKINS)"
rn my
On thisniday of -7� ().1 1994, before me, came John Whitcomb, to me
personally known who, being by me duly sworn, did depose and say that he resides at 233 Troy
Road. Ithaca, New York, and that he is the Supervisor of the Town of Ithaca, who executed the
j within instrument, and he acknowledged to me that he executed the same, and that such
!, execution was on behalf of the Town of It4NotarPublic
at the Town Board of such Town duly
authori•red such execution.
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Tompliro County, ss: "I2 Ir Recorded wr to Day oF.., ,14L � 19
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