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756 ract 344 (15.1:,•� R�fo To &,(fey
TEMPORARY EASEMENT
THIS INDENTURE made thisZf day of August.1995, between ROCCO P. LUCENTE'
of SW Warren Road, Ithaca, New York, 14850, hereinafter referred to as Grantor, and
The TOWN OF ITHACA. a New York municipal corporation with offices at 126 East
Seneca Street, Ithaca, New York, 14850, hereinafter referred to as Grantee, its successors and
assigns,
WITNESSETH:
WHEREAS, Grantee at a regular meeting of its Planning Board on June 7, 1994, granted
preliminary subdivision approval for the proposed subdivision of Town of Ithaca Tax Parcel No.
73-1-7.2 as shown on the subdivision plat entitled "Final Subdivision
Plat Sanctuary Woods,
Developer Steve Lucente, Town of Ithaca, County of Tompkins, State of New York% dated
January 21,.1994, last revised June 29, 1994 by Lawrence P. Fabroni, New York State licensed
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P.E., & L.S., a copy of which is intended to be filed herewith; and _
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WHEREAS, one of the conditions of said preliminary subdivision approval was the
granting of a temporary walkway easement and temporary cul-de-sac
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easement over the lands of
Rocco P. Lucente abutting the said Sanctuary Woods subdivision as more particularly shown on
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the final subdivision maps above referenced, and on a plat entitled "Final Subdivision Plat Lands
Lucente and Hughes" dated June 29, 1994, intended to be filed concurrently herewith,
NOW, THEREFORE, the Grantor in consideration of ONE DOLLAR ($1.00) and other '
good and valuable consideration, receipt whereof is hereby acknowledged does hereby grant and
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convey unto the said Grantee, its successors and assigns forever:
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1. A temporary casement over the premises described herein in Schedule A fora
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temporary cul-de-sac at the western extremity of the future public road to be
known as Sanctuary Drive, for the purposes of constructing and maintaining a
public roadway, and road turn -around, ingress and egress, storing of equipment
and materials, operating equipment and otherwise occupying the land subject to
-- Oti �i this temporary casement in connection with the development, maintenance and use
--- of a -public highway, and other necessary and improvements
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proper municipal in
connection therewith.
WO
,K, xZ 2. A temporary easement over the premises herein described in Schedule B for
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zo temporary walkway easement between the western extremity of Sanctuary Woodas
subdivision as shown on the maps aforementioned and Birchwood Drive North
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►- and Salem Drive, said temporary casement to be for a public pedestrian walkway
and recreation way.
The cul-de-sac easement granted hereby shall terminate upon the completion and
dedication to the Town of the westerly extension of Sanctuary Drive through
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the premises now
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ick 756 PAct 345
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SCHEDULE A
(TEMPORARY CUL-DE-SAC EASEMENT)
A TEMPORARY EASEMENT OVER ALL THAT TRACT OR PARCEL OF LAND
situate in the Town of Ithaca. County of Tompkins, State of New York, and being .part of
Military Lot 89 and more particularly bounded and described as follows:
BEGINNING at a point marking the northwest corner of Lot No. 6 of Sanctuary Woods
Subdivision as more particularly shown on the final subdivision maps referenced in the body of
the main document to which this schedule is attached herein, said point of beginning being north
8 degrees 5 minutes 43 seconds cast, a distance of 150 feet, from the southwest corner of Lot
6 (which corner is the southwest corner of the Sanctuary Woods subdivision), and which point
of beginning is at the southwest corner of Sanctuary Drive as shown on said maps and as
intended to be conveyed concurrently herewith to the Town of Ithaca by Stephen Lucente;
Proceeding thence on a curve southwesterly, westerly, northwesterly, northerly,
northeasterly, easterly, and southeasterly - said curve having a radius of 50 feet, a distance of
261.8 feet to a point marking the southwesterly corner of Lot 7 in the Sanctuary Woods
Subdivision shown on the subdivision maps referenced in the body of the main document to
which this schedule is attached herein'. proceeding thence south 8 degrees 5 minutes 43 seconds
east, a distance of 50 feet to the point or place of beginning; and
Intending to describe the "Temporary Cul-De-Sac" shown on said Subdivision Maps.
Being a portion of the premises conveyed to the Grantor by Vernon F. and Lila S.
Stauffenecker by deed dated August 8, 1954 and recorded that same date in the Tompkins County
Clerk's Office in Liber 370 of Deeds at Page 106.
The foregoing cul-de-sac easement is subject to the following insofar as it may affect the
above described premises:
I. An easement given to New York State Electric & Gas Corporation recorded in the
Tompkins County Clerk's Office in Book 241 of Deeds at Page 306.
2. An easement given to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 477 of Deeds at Page 151.
3. An easement given to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 425 of Deeds at Page 402.
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EIIER 756 PAGE 346
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4. An easement given to the Town of Ithaca, recorded in the Tompkins County Cleck'a
Office in Book 417 of Deeds at Page 162.
5. An easement given to the New York State Electric & Gas Corporation, recorded in
the Tompkins County Clerk's Office in Book 425 of Deeds at Page 404.
6. An easement given to the Town of Ithaca, recorded in. the Tompkins County Clerk's
Office in Book 460 of Deeds at Page 375.
7. An easement given to the Town of Ithaca, recorded in the Tompkins County Clerk's
Office in Book 469 of Deeds at Page 235. •
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PARCEL I
SCHEDULE B
(TEMPORARY WALKWAY EASEMENT)
11611 756 tia 347
A TEMPORARY EASEMENT 20 feet in width over ALL THAT TRACT OR PARCEL
OF LAND situate in the Town of Ithaca; County of Tompkins,
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State of New York, and more
particularly bounded and described as follows:
BEING a parcel 20 feet in width
whose northerly boundary (curved) is on the temporary
cul-de-sac parcel described in Schedule A herein;
the easterly boundary being the westerly line
• of Subdivision Lot 6 of Sanctuary Woods Subdivision; the westerly line being a line 20 feet
westerly of -and parallel to the said easterly line; thence from the southwesterly corner of
Sanctuary Woods subdivision the centerline of said 20 feet
temporary walkway easement will
proceed to the present end of Birchwood Drive North which road is more particularly shown on
the map of (said road end being adjacent to the northwest corner of Lot No. 1 of) Briarwood
Park subdivision, filed in the Tompkins County Clerk's Office on January 11, 1989,
in Drawer
M Sheet 70. the center line beginning at the southerly line of the cul-de-sac being also described
according to the following courses and distances: south 8 degrees 05 minutes 43 seconds west
377.19 feet to a point; south 64 degrees 18
minutes west 107.99 feet to a point; south 86 degrees
50 minutes 56 seconds west 265.92 feet to a point; north 82 degrees 17 minutes west 139.98 feet
to a point in the present end of Birchwood Drive North. Said easement in its entirety to be 20
feet in width.
REFERENCE is hereby made to the Lucente and Hughes Subdivision Map set forth in
the main document to which this schedule is
attached.
PARCEL 11
A TEMPORARY EASEMENT 20 feet in width whose center line (after proceeding
northerly from the cul-de-sac referred to below)
is the approximate center line of that portion of
the existing sewer easement granted by the Grantor to the Town of Ithaca by instrument dated
June 15, 1965, recorded in the Tompkins County Clerk's Office
in Liber 460 of Deeds at Page
375 which has as its westerly extremity the east line of Salem Drive and its
easterly extremity
the east line of Sanctuary Woods Subdivision north of the cul-de-sac as more particularly shown
on the Subdivision Maps referenced in the main document
to which this schedule is attached, said
easement center line running generally northwesterly from said cul-de-sac the following courses
and distances: north 8 degrees 05 minutes 43
seconds east 75.22 feet to a point; north 59 degrees
45 minutes 50 seconds west 134.70 feet to a manhole cover (hereinafter referred to as a MHC;);
north 48 degrees 18 minutes 23 seconds west 142.58. feet to a MHC; north 49 degrees 59 minutes
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lim 7561Act 348
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37 seconds west 276.34 feet to a MHC; north 64 degrees 37 minutes 24 seconds west 149.78 feet
to a MHC; north 81 degrees 50 minutes 48 seconds west 138.63 feet to a MHC; north 78 degrees
39 minutes 52 seconds west 191.95 feet to a point in the east line of Salem Drive (the first
course being an extension of said easement 20 feet in width running southerly from the said
sewer line portion of the easement to the northeasterly comer of the cul-de-sac described in
Schedule A hereto, the cast line of said extension being a portion of the west line of the
Sanctuary Woods subdivision, the west line being parallel and 20 feet westerly thereof, the north
line being the southerly extremity of the walkway easement 20 feet in width along the sewer line
above described, and the south line (curved) being on the cul-de-sac.
REFERENCE is also hereby made to the map attached to the existing Town sewer
easement and recorded in Liber 460 of Deeds at Page 376.
The 20 feet width walkway easement will contain a 6 foot wide gravel trail with its
bounds, as to both Parcels I and II.
Parcels I and II are a portion of the premises conveyed to the Grantor by Vernon F. and
Lila S. Stauffenecker by deed dated August 8, 1954 and recorded that same date in the Tompkins
County Clerk's Office in Liber 370 of Deeds at Page 106.
The foregoing easements are subject to the following easements insofar as the same may
affect the above described premises:
1. An easement to New York State Electric & Gas Corporation recorded in the Tompkins
County Clerk's Office in Book 241 of Deeds at Page 291.
2. An easement to New York State Electric & Gas Corporation recorded in the Tompkins
County Clerk's Office in Book 453 of Deeds at Page 634.
3. An easement to New York State Electric & Gas Corporation recorded in the Tompkins
County Clerk's Office in Book 453 of Deeds at Page 636.
4. An easement to the Town of Ithaca, recorded in the Tompkins County Clerk's Office
in Book 460 of Deeds at Page 375.
5. An easement to the Town of Ithaca, recorded in the Tompkins County Clerk's Office
in Book 469 of Deeds at Page 235.
6. An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 404 of Deeds at Page 30.
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90 7% PAQ 349
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7. An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 404 of Deeds at Page 479.
8. An easement to the Town of Ithaca, recorded in the Tompkins County Clerk's Office
in Book 417 of Deeds at Page 162.
9. An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 241 of Deeds at Page 306.
10. An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 477 of Deeds at Page 151.
II._An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 425 of Deeds at Page 402.
12. An easement to New York State Electric & Gas Corporation, recorded in the
Tompkins County Clerk's Office in Book 425 of Deeds at Page 404.
13. An easement to the Town of Ithaca, recorded in the Tompkins County Clerk's Office
in Book 469 of Deeds at Page 235.
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11si� 756 tact 350
of the Grantor. The walkway easements hereby granted shall terminate at such time as the
remainder of what was Town of Ithaca tax parcel number 93-1-8.2 is subdivided and an
alternative park and recreation dedication is made to the Town acceptable to the Town of Ithaca
Planning Board and Town Board. The grant of rights hereunder is subject to those easements
and restrictions set forth on the annexed Schedules A and B. The Grantor reserves the
underlying fee title to the property covered by said casements subject to the rights and privileges
herein granted to the Grantee, and further reserves the right to use and enjoy the said premises
`termination of the easements provided that such use shall not interfere with the rights
granted to the Grantee and the public hereunder.
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 the day
and year first above referenced.
c
OC O P. LUCgNtt
STATE OF NEW YORK )
I )ss.:
COUNTY OF TOMPKINS )
On this day of August, 1995, before me came ROCCO P. LUCENTE, to me known
and known to be to be the individual described in and who executed the foregoing instrument
and he acknowledged to me that he executed the same.
otary Public
DAVID A. MER
Notary Public. Stele of New York
No.4633353
Qualdiod in Tompkins County
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