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HomeMy WebLinkAbout079660-001• 41111 1741 pm 282 16156 FINAL a, LICENSE AGREEMENT WHEREAS, Robert L. Aronson and Judith Aronson granted to the Town of Ithaca a F sewer easement for the Renwick Heights Sewer District dated July 6, 1961, recorded in the Tompkins County Clerk's Office October 9, 1961 in Book 437 of Deeds at Page 447; and WHEREAS, the present owners of the property over which said easement runs are Patsy M. Cannavino, Jr. and Susan C. Cannavino (556 Deeds 1188); and WHEREAS, said premises are located at 11 Renwick Heights Road, Town of Ithaca, Tompkins County, New York; and WHEREAS, it appears that the house on said premises encroaches upon the easement area; and WHEREAS, the present owners of the property have requested the Town of Ithaca to permit the continued existence of said house on the easement area and the Town of Ithaca is willing to do so, NOW. THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth it is agreed by the Town of Ithaca as follows: 1. The Town of Ithaca grants a license to Patsy M. Cannavino, Jr, and Susan C. Cannavino, their heirs, successors and assigns (hereinafter collectively referred to as "Owner") to maintain the building known as 11 Renwick Heights and the associated deck, steps, and overhead electric and TV lines within the easement area, all as more particularly shown on the map made by Kenneth A. Baker dated October 31, 1994 entitled "Survey Map of 1 I Renwick Heights Road, Town of Ithaca, Tompkins County, New York", a copy of a portion of which map is annexed to this instrument, such license to be subject to the conditions set forth in this instrument. tp i 2. If at any time in the future the house known as 11 Renwick Drive is totally destroyed or totally removed, this license shall terminate and said structure shall not be re -erected within the easement area without the then consent of the Town of Ithaca. 3. By accepting this license agreement Owner agrees to indemnify the Town against and hold it harmless from any claim, demand, action, suit, liability or judgment, including attorney's fees and any other costs of defense thereof (including any claims for personal injuries and property damage) that may result from or arise out of the use or occupancy of the easement area by Owner (including the maintenance of the encroachments permitted by this license agreement), their employees, agents, guests, licensees or invitees. Without limiting the foregoing, such indemnify shall include indemnity for damage done to the Town's sewer line and other appurtenances related to the sewer. Owner further agrees to maintain the premises and encroachments in good condition so as to minimize the possibility of accidents occurring on the property. is ��e : PHOPE M. P84 . I mik 741INot 283 NIGICEY i¢.O.) . i 5f.1-176 I7-3.1 I .� LOT 14 i LOTf� LOT 16 LOT IS '>• s• S' _ — LOT I'L PATSY N. GANNAvllao vJ¢. iP•o•) N WSAN C.-CAM"VINO 0-e.) y 1 6".I1e6 t7-S•2, 'MACAMETIC 1967 p t�� DEC&I LECEN0 Y�yyu� _W . or�_M -Ient+P1 D � S O onQi O w � PaNT 0 r fbv (Ir•o1 a spcl�As CZ6) ' rf J1 •t � h1 • VY �1 i N _ / p Y 65! MAD. p w iQ ST. LUIIL "'rN0 4 ti �J ubER 741 Pats 284 4. The Town reserves the right to enter upon said easement for the purposes of making repairs, installing, or otherwise working with said sewer line and to use reasonable cane in the course of exercising its easement rights, it being understood, however, that the Town shall not be liable for any damage caused to the deck or the supports of same or the steps in the course of exercising its easement rights herein. IN WITNESS WHEREOF, the Town of Ithaca has caused this instrument to be executed by its Supervisor duly authorized. TOWN OF ITHACA By. sups 'sor STATE OF NEW YORK ) COUNTY OF TOMPKINS)-: On this 1501day of December, 1994. before me, came John Whitcomb, to me personally known who, being by me duly swom, did depose and say that he resides in Ithaca, New York, and that he is the Supervisor of the Town of Ithaca, who executed the within instrument, and he acknowledged to me that he executed the same, and that such execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authorized such execution. .SCAN LFW4"t40e60..,, 41lXN�+� Nroe � �ubho - - slat. , -- ye$ Notary Pu lic " la &rre 4499"a 3130 /9�A c ivE REAL ESTATE DEC 2 1 1994 TRANSFER TAX iV TOMPKiNS Tompkins County, sm ordad on the..................`t .-7 ?oy ". .f in Libor o► �ti* 19.: l� ber .. oF.... ...... at page .... "..a 5 • l • •