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HomeMy WebLinkAbout405772-001Aurora R. Valenti L Mer:-"'.D2�_tY Page,.162 TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 8 Delivered By: NEXTEL PARTNERS Receipt No. 405772 Return To: NEXTEL WIP LEASE CORP. 4500CRILLON POINT DATE: 01/29/2002 KIRKLAND, WA 98033 Time: 13:05 Document Type: EASEMENT/LEASE Parties To Transaction: XTOWN OF ITHACA - NEXTEL Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 01648 Mortqaqe Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk * 405772- 001 * �L i 1.623 SITE #: NY0695 MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel WIP Lease Corp. 4500 Carillon Point Kirkland, WA 98033 lA This Memorandum of Agreement is entered into on this )day of December, 2001, by and between The Town of Ithaca, with an office at 215 North Tioga Street, Ithaca, NY 14850 (hereinafter referred to as "Lessor") and Nextel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Partners, with an office at 4500 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement (Water Tower) ("Agreement") on the 11-IJI day of December, 2001, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for five (5) years commencing on the installation of Lessee's equipment or January 1, 2002, whichever first occurs ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the 'Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: TOWN OF ITHACA By: Name: ya l Q,6'l h vl o Title: 40ton su Qi1 J i SOr Date: J� /f al om LESSEE: NEXTEL WIP LEASE CORP. d/b/a Nextel Partners By: �IUV]te ;i W�AL Name: DENISE J. SWERLAND Title: ASSISTANT SECRETARY Date: Na b ( Y i �"•. •••?ct'�'Y .ai 624 SITE #: NY0695 - EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Communications Site Lease Agreement (Tower) dated DECEMBER 17, 2001, by and between The Town of Ithaca, as Lessor, and Nextel WIP Lease Corp. a Delaware corporation, , d/b/a Nextel Partners, as Lessee. The Land is described and/or depicted as follows (metes and bound description): Please see attached deed 3 FORM 553 N.Y. DZBD—WARRANTY UAw9 of 1917. Chap. WL) e 4 Tuttle taw Pant Publishers N&lardN. litre, Made the y day of May Nineteen Hundred and Fifty -Nine CLIVE M. MC CAY and JEANNETTE B. MC CAY, his wife, residing st 1456 Hanshaw Road in the Town of Ithaca, Tompkins County, New York, individually and as tenants by the entirety, part ies of the first part, and TOWN OF ITHACA, a municipal corporation and political subdivision of the County of Tompkins in the State of New York, _ part y of the second part, tt11PP that the part ies of the first part, in consideration of -------------------------- One -------------------------------- Dollar ($1.00 ) lawful money of the United States, and other good and valuable consideration/ paid by the part y of the second part, do hereby grant and release unto the part y of the second part, its successors and assigns forever, all THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, being a part of Military Lot No. 91 in said town, bounded and described as follows: Commencing at the point of intersection of the north line of lands conveyed to the parties of the first part by deed of Okel P. Fralick and wife, dated May 31, 1932 and recorded in the Tompkins County Clerk's Office in Book 229 of Deeds at page 378, with the west line of Sapsucker Woods Road, sometimes known as the Town Line Road, the center line of which road is the east line of Military Lot No. 91 and the boundary line between the Town of Ithaca and the Town of Dryden; thence westerly along the north boundary of the lands conveyed to the parties of the first part by the deed above mentioned 350 feet; thence southerly on a line parallel with the east line of Lot No. 91, 200 feet; thence easterly on a line parallel with the first described course 150 feet; thence northerly on a line parallel with the east line of Lot No. 91, 140 feet; thence easterly on a line parallel with the first described course 200 feet more or less to the west line of Sapsucker Woods Road; thence northerly along the west line of said road 60 feet to the place of beginning.. Together with all the right, title and interest of thelfattdW of the first part in and to that portion of Sapsucker Woods Road which lies between the east end of the ueER_LG ray K �.r 62 °i above described premises and the east boundary of Military Lot No.- 91. L Cie. ;mow2,Ct. �'� m-n- Being a portion of the premises conveyed to the parties of the first part by the deed of Okel P. Fralick and wife above mentioned. The purpose of this conveyance is to provide the Town with a site for a standpipe in connection with the water distribution system of the Northeast Water District and in accordance with the plans and specifications for said water system filed in the office of the Town Clem. Liber C3i2503 - Page- 1627 rii IVA, with the appurtenances and all the estate and nffht3 of the part of the first part in and to said premises, Cltttl to 4otb the premises herein Imnied unto the part y �'N' F of the, second part, its successors z,.- and assigns forever. Attb said parties of the first part covenant as follows: c9it'Of. That the part y of the second part shall quietly e7kiOY the said premises; S That said parties of the first part Will forever WHMAUt the title to said premises. JIt M tfUrgo WhtrltOfo the Part ies of the first part ha ve hereunto set their hand s and seal s the day and year ftr8t above written. 26presenct of IRV IqW ago& _dM SITE #: NY0695 EXHIBIT B DESCRIPTION OF PREMISES to the Memorandum of Communications Site Lease Agreement (Tower) dated DECEMBER 17, 2001, by and between The Town of Ithaca, as Lessor, and Nextel WIP Lease Corp. a Delaware corporation, d/b/a Nextel Partners, as Lessee. The Premises are described and/or depicted as follows: Please see attached sketch Notes: L This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. 71 all '"Poo x. L i be r: CD V J1 Q, valil 1630 SITE #: NY0695 STATE OF �jf COUNTY OF�i�� On & r 12" *- a d ©I , before me, � �1� r► C&11 n9 =1 , Notary Public, personally appeared CgA,- Uet),errtl n o , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. my hand and official seal. (SEAL) RI f commission expires: q.13 D/ Q 5-- STATE OF WASHINGTON COUNTY OF KING On DECEMBER 17, 2001, before me, fe- LAC , Notary Public, personally appeared DENISE J. SW , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS !mhand and official seal. Notary b .401 My commission expires: qP �' SEryFt!i��� (SEAL) NOTARy m �t1BUC +,9�•'`2g-0�