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ACCESS EASEMENT
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THIS ACCESS EASEMENT is made this 16th day of October, 2000 by and between
Conifer Realty Corporation, a Maryland corporation having an office at 850 Clinton
Square, Rochester, New York 14604 (the 'Grantor") and Town of Ithaca, a New York
municipal corporation having an office at 126 East Seneca Street, Ithaca, New York
14850 (the "Town").
WHEREAS, Grantor is the owner of a parcel of land located on Mecklenburg Road
IN Y S Route 79) in the Town of Ithaca, County of Tompkins, Tax Map No. 27.1.13.16
(the "Property"),
WHEREAS, the Town intends to own and operate a public park (the "Park") on land
owned by the Town adjacent to the Property, known as Tax Map No 27.1.13 15, and
WHEREAS, the Town desires to obtain, and Grantor is willing to grant, access
easements as described below over the Property.
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Grant of Easement. Easement Premise. Grantor grants and conveys to the
Town (including its invitees, agents, contractors, tenants, licenseees, successors
or assigns and the general public) a nonexclusive permanent easement and
right-of-way for access to and from the Park across that portion of the Property
described on Exhibit A attached hereto and made a part hereof (the "Easement
Premises").
2. Scope of Easement. The Town shall use the Easement Premises for ingress
and egress and such other access as is reasonably necessary for the
construction, operation, maintenance and use of the Park. The Town shall also
have the right to maintain, repair, after and enhance the Easement Premises, as
described on Exhibit A, consistent with the uses granted hereunder, at the
Town's expense.
3. Bindina Efrect. This easement shall run with the land and shall be binding on
and inure to the bensfit of the heir, successor and assigns of the parties
hereto.
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tint 898 PAct 120
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ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follows:
BEGINNING at the intersection of the division line between the lands of Conifer Realty
Corporation (formerly lands of Anthony Ceracche) as described in Book 853 of Deeds at
Page 260 on the west and the Marshall-Hirsfield Subdivision Western Hills -Development
11 (filed December 1, 1964 in Map Drawer B Sheet 11) on the east with the northerly line
of Lot 28 of said subdivision; thence through the said lands of Conifer Realty Corporation
the following three (3) courses: (1) North 75 degrees 05 min. 07 sec. West a distance of
99.38 feet to a point; thence (2) North 14 degrees 54 min. 53 sec. East a distance of
60 00 feet to a pomk and (3) South 75 degrees 05 min. 07 sec. East a distance of
100.00 feet to its intersection with the aforementioned division line; thence South 15
degrees 30 min. 39 sec. West along said division line a distance of 60 00 feet to the
point of beginning, containing 0.137 acres, more or less. All as shown as "Proposed 60'
Ingress & Egress Easement" on a map entitled "Final Plan Mecklenburg Heights Land
Now or Formerly Anthony Ceracche, Part of Military Lot 56" made by C T. Male
Associates, P.C., dated May 1, 1998, filed July 19, 1999 in the Tompkins County Clerk's
Office in Drawer ILL, Sheet 39.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty Corporation
by Warranty Deed dated July, 1999 and recorded on July 19, 1999 in the Tompkins
County Clerk's Office in Book 853 of Deeds at Page 260.
PARCELII
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follows:
Beginning at the intersection of the division line between the lands now or formerly of
Conifer Realty Corporation (formerly lands of Anthony Ceracche) as described in Book
853 of Deeds at Page 260 on the west and the lands now or formerly of Edward M
Murray as described in Book 571 of Deeds at Page 563 on the east with the northerly
margin of N.Y.S. Route 79 (Enfield Center— Ithaca Road S.H. No.. 1001), thence North
75 degrees 05 min 07 sec. West along said northerly margin, 100.00 feet to a point;
thence along the western boundary of the said lands of Conifer Realty Corporation North
14 degrees 54 min. 53 sec. East 397 feet to a point, thence through the said lands of
Conifer Realty Corporation the following two (2) courses: (1) South 75 deg. 05 min. 07
sec East 100.00 feet to a point; and (2) South 14 degrees 54 min 53 sec. West 100.00
feet to its intersection with the division line between the said lands of Conifer Realty
Corporation on the west and the said lands of Murray on the east: thence South 14 deg.
54 min 53 sec. West along said division line, 297.00 feet to the point of beginning,
containing 0.911 acres more or less. All as shown as "Proposed 100' Ingress/Egress
Easement" on a map entitled "Final Plan Mecklenburg Heights Land Now or Formerly
Anthony Ceracche, Part of Military Lot 56" made by C.T. Male Associates, P.0 dated
May 1, 1998, filed July 19, 1999 in the Tompkins County Clerk's Office in Drawer LL,
Sheet 39
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Is[ A 898 i'AGI 121
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty Corporation
by Warranty Deed dated July, 1999 and recorded on July 19, 1999 in the Tompkins
County Clerk's Office in Book 853 of Deeds at Page 260.
The easement given above is subject to prior easements, insofar as they affect the
within granted easement as follows:
(i) Easement granted to New York Telephone Company by deed of West View
Heights, Inc dated September 3, 1975, recorded September 17, 1975 in the
Tompkins County Clerk's Office in Book 547 of Deeds at page 795.
(ii) Undated easement given by Anthony Ceracche to the Town of Ithaca, recorded
on July 19, 1999 in Book 853 of Deeds at page 244 for an underground water
main.
(iii) Access Easement granted by Conifer Realty Corporation to Linderman Creek
Associates, L.P. dated September 1, 2000 and recorded on September 25, 2000
in Book 887 of Deeds at page 220.
PARCEL
CEL lII
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follows:
Commencing at the intersection of the division line between the lands now or formerly of
Cornier Realty Corporation (formerly lands of Anthony Ceracche) as described in Book
853 of Deeds at Page 260 on the west and the lands now or formerly of Edward M.
Murray as described in Book 571 of Deeds at Page 563 on the east with the northerly
margin of N Y S Route 79 (Enfield Center — Ithaca Road, S.H. No. 1001), thence North
75 deg 05 min. 07 sec. West along said northerly margin, 100.00 feet to a point; along
the western boundary of the said lands of Conifer Realty Corporation North 14 degrees
54 min. 53 sec East 397 feet to a point, thence through the said lands of Conifer Realty
Corporation South 75 deg. 05 min 07 sec. East 34 99 feet to the Point of Beginning;
thence through the said lands of Conifer Realty Corporation the following four (4)
courses (1) North 12 deg 20 min. 41 sec. East 1562.75 feet to a point; thence (2)
South 75 deg. 05 min 07 sec. East 30.00 feet to a point; thence (3) South 12 deg. 20
min. 41 sec. West 1562.75 feet to a point; and (4) North 75 deg. 05 min. 07 sec. West
30 03 feet to the point of beginning, containing 0 960 acres, more or less. Also shown
as "Proposed 30' Wide Ingress/Egress Easement" on a map entitled "Final Plan
Mecklenburg Heights Land now or Formerly Anthony Ceracche, Part of Military Lot 56"
made by C.T. Male Associates, P.C. dated May 1, 1998, filed July 19, 1999 in the
Tompkins County Clerk's Office in Drawer LL, Sheet 39.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty Corporation
by Warranty Deed dated July, 1999 and recorded on July 19, 1999 in the Tompkins
County Clerk's Office in Book 853 of Deeds at Page 260.
The easement across the above described parcel is subject to a prior easement granted
by John A. Ships to New York State Electric 3 Gas Corporation dated September 22,
1954, recorded December 17, 1954 in the Tompkins County Clerk's Office in Book 374
of Deeds at page 46 for a gas pipe line running substantially parallel to and north of,
Linderman Creek.
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ustit 8981w 122
AP RCEL IV
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follows;
Commencing at the intersection of the division line between the lands now or formerly of
Conifer Realty Corporation (formerly lands of Anthony Ceracche) as described in Book
853 of Deeds at Page 260 on the west and the Marshall-Hirsfield Subdivision, Western
Hills -Development II (filed December 1, 1964 in Map Drawer B, Sheet 11.) on the East
with the southerly line of Lot 27 of said subdivision; thence through the said lands of
Cornier Realty Corporation the following three (3) courses: (1) North 75 deg. 05 min. 07
sec. West 100.00 feet to a point; thence (2) North 14 deg. 54 min. 53 sec. East 96.45
feet to a point; and (3) North 75 deg. 05 min. 07 sec. West 988.66 feet to the' Point of
Beginning; thence through the said lands of Conifer Realty Corporation North 75 deg.
05 min. 07 sec. West 60.00 feet to a point in the westerly boundary of the said lands of
Conifer Realty Corporation; thence along the westerly boundary of the said lands of
Conifer Realty Corporation the following two (2) courses: (1) North 13 deg. 04 min 40
sec. East 169.75 feet to a point: and (2) North 14 deg. 54 min. 53 sec. East 200.00 feet
to a point on the division line between the said lands of Conifer Realty Corporation on
the south and the lands now or formerly of Richard and Mary Louise Perry as described
in Book 498 of Deeds at Page 1028 on the north: thence South 75 deg. 05 min. 07 sec.
East along said division line, 60.00 feet to a point, thence through the said lands of
Conifer Realty Corporation the following two (2) courses: (1) South 14 deg 54 min 53
sec. West 199 04 feet to a point; and (2) South 13 deg 04 min 40 sec. West 168 79 feet
to the point of beginning, containing 0 508 acres, more or less. All as shown as "Future
60' Road" on a map entitled "Final Plan Mecklenburg Heights Land Now or Formerly
Anthony Ceracche, Part of Military Lot 56" made by C.T. Male Associates, P C. dated
May 1, 1998, filed July 19, 1999 in the Tompkins County Clerk's Office in Drawer LL,
Sheet 39.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty Corporation
by Warranty Deed dated July, 1999 and recorded July 19, 1999 in the Tompkins County
Clerk's Office in Book 853 of Deeds at Page 260.
It is the intention of this conveyance that Parcel 11, III and IV, constitute a continuous strip
of land running substantially north and south and connecting New York State Route 79
to the south line of the Perry property and to the west line of the parcel being conveyed
to the Town of Ithaca for use as a park concurrently herewith.
RLCE:IVED
$ U—
FFR282001
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TRANSI-Ek JAX
LNtPKINS COUNTY
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I wR 898 ►AGE 123
IN WITNESS WHEREOF, the Grantor and the Town has executed this instrument tM
day and year first written above
GRANTOR:
CONIFER REALTY CORPORATION
By:
i
TOWN:
TOWN OF IITp�HACA
By:
tisto 898► ck 124
State of New York )
County of Monroe
On the X04 day of L1J06. in the year
undersigned a Nota Public in and for said State,— before me, the
f personally appeared
basis of satisfactory evidence to be the i dividuakwhose name is a bscrnown to me or provedtbed oo mether
within instrument and acknowledged to me that he/she executed the same in his/her
capacity, and that by his/her signature on the instrument, the individual, or the person
upon behalf of ich the individual acted, executed the instrument.
Notary.PGblic
ROBIN L. STEIN
Notary Public, State of Now Yak
Monroe County
romminsion Expires May t,wll/
State of New York )
)ss.:
County of Tompkins )
On the t
day of /YWb'p.. 1 y in the year �c?t%t�
undersigned, a Notary P`ubli�c in and for said State, before me, the
C i c, Ira k, �; V personally appeared
basis of satknown to me or proved to me on the
isfactory evidence to be the I diiviiduallwhose name issubscribed tothe
within instrument and acknowledged to me that he/she executed the some in his/her
capacity, and that by his/her signature on the instrument, the Individual, or the person
upo behalf of which the individual acted, executed the instrument.
�Public
litN
j JOHN C P+mlrY
Notary F- I York
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