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, 116iR 90 PAGE � "
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ENCROACHMENT AGREEMENT( C ?;PiT'f
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AGREEMENT made thisLday of 2001 by and between the
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TOWN OF 1'i'HACA, Ithaca New York, hereinafter referred to as the TOWN and the CITY OF
ITHACA. New York a municipal corporation having offices at 108 E. Green Street, Ithaca New
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York, hereafter referred to as the CITY.
WHEREAS. the. TOWN is the owner in fee simple absolute of a parcel of land with
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improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly
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known and designated as 215 North Tioga Street, Ithaca, New York, as more particularly
described in a deed to the TOWN from the United States Postal Service dated September 30,
1998 and recorded in the Tompkins County Clerk's Office on September 30, 1998 in Liber 831
of Deeds, Page 82.
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WHEREAS. East Buffalo Street is a CITY street which is part of the City's public street
and highway system as maintained by the CITY OF ITHACA and under, the control and
jurisdiction of the CITY OF ITHACA, and
WHEREAS, the improvements on the above -mentioned premises are located within the
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confines of the premises owned by the TOWN except for the following encroachments into the
street right of way of East Buffalo Street, as shown on a survey of the premises entitled "Town
Hall Encroachment Map", dated May 2, 2000. The TOWN HALL steps encroach by
approximately three (3) feet.
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NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
and
contained, of the sum of One Dollar ($1.00) by the TOWN to the City in hand paid, receipt
whereof is hereby acknowledged, said parties hereto, for themselves, their heirs, executors,
administrators, successors and assigns, do hereby covenant and agree as follows:
1. The TOWN shall have the right to maintain the encroachments of the steps on the
premises into the street right of way of East Buffalo Street as they now exist and as shown on the
above -referenced survey.
2. The encroachment shall be permitted to continue so long as the present building shall be
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in existence, or until the City's Department of Public Works finds that the removal of the steps isr�
necessary for the use of the CITY'S right of way, at which point such encroachment shall be
removed at the TOWN'S sole expense upon no less than one year's prior written notice from the
CITY. Until this right is terminated, The TOWN shall have the right to enter upon the street
right of way of East Buffalo Street to the extent which may be necessary to effectuate repairs to
the steps.
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3. This agreement shall terminate when and if said building shall no longer exist., the steps
shall be removed voluntarily by the TOWN or the steps shall be removed by direction of the
City's Board of Public Works. After such termination, Owner shall not cause any building
which may be erected or maintained on said prcmises.to encroach onto the right of way of East
Buffalo Street beyond the south right of way line of East Buffalo Street as established by an
accurate survey of the premises except to the extent that any such encroachment may be
permitted by law.,
4. The TOWN agrees to save the CITY harmlessfrom any loss, injury or damage arising
out of the use of the CITY right of way or from any negligence or fault of said TOWN, its
servants or agents in connection with the maintenance of work done under this agreement. The
TOWN acknowledges that it will likewise hold the CITY harmless from any costs that it may
incur including legal fees, due to any claims which may arise out of the steps obstructing,
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encumbering or occupying any portion of the right of way of East Buffalo Street.
THIS AGREEMENT shall be binding upon, and inure to the benefit of, the respective
heirs, executors, administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement has been duty executed by the parties hereto as
of the day and year first above written.
CITY OF ITHACA TOM OF rMCA
BY: E.cxyl VP�r
BY: 1."tu�z
STATE OF NEW YORK }
)SS.:
COUNTY OF TOMPKINS )
On this-liQ.}k day of Two Thousand One, before me, the undersigned, a
Notary Pubic in and for sape rsonally appeared QAMhev%z lea\Pn i°nt3 ,
personally known tome to be the person whose name is subscribed or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that she/he executed the same in.her/his capacity, and that by her/his
signature on the instrument, the individual, or the person of which the individual acted, executed
the instrument
Redly►u SVftf al
Notary Public VIb. QiH86t152tt7i
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