HomeMy WebLinkAbout411681-005Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 16
Receipt No. 411681
DATE: 05/08/2002
Time: 14:39
Liber:CD2506 Page:4451
Delivered By: MONROE - TOMPKINS - WATKIN
Return To:
MONROE -TOMPKINS - WATKINS
Document Type: EASEMENT/LEASE
Parties To Transaction: LINDERMAN CREEK II ASSOC.
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 02444
Mortoape 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
CG,,,� � v
Tompkins County Clerk
111111111111111111111111111111111111111111111111111111111
L beroCD2506 Page:4452
NORTHERN LANDS
ACCESS EASEMENT
AND MAINTENANCE AGREEMENT
This Easement Agreement is made this $ day of May, 2002 by and
among, Linderman Creek H Associates, LLC, a New York limited liability company
(hereinafter "Linderman II"), Conifer Realty, LLC ("Conifer Realty") and the Town of
Ithaca (the "Town").
WITNESSETH:
Conifer Realty is the owner in fee simple of three parcels of land located in the
Town of Ithaca, Tompkins County, New York. The first parcel of land contains two
private roads, Conifer Drive which runs from Route 79 northeast to Conifer Circle which
runs southeast to Linderman Creek Apartments ("Linderman Creek"), owned by
Linderman Creek Associates, L.P ("Linderman I"), all as more particularly described on
Exhibit A attached hereto (the "Roads"). Conifer Realty also owns a 28.732 parcel of
vacant land that is located northeast of the Roads, more particularly described in Exhibit
B (the "Single Family Tract") and a 29.069 acre parcel of vacant land that is located
northwest of the Roads, more particularly described in Exhibit C (the "Ceracche Land").
Linderman II is the owner in fee simple of a parcel of land located in the Town of
Ithaca, Tompkins County, New York, which is adjacent to the Roads, the Single Family
Tract and the Ceracche land, more particularly described on Exhibit D, this land is to be
developed into 72 units of multifamily housing ("Linderman Creek II").
The Town is the owner in fee simple of a parcel of land located in the Town of
Ithaca, Tompkins County, New York, which is adjacent to the Single Family Tract (the
'Park').
The Town certain rights of access to the Roads and Single Family Tract, as set
forth in an Access Easement between Conifer Realty Corporation and the Town dated
Liber:CD2506 Page:4453
EXHIBIT A
CONIFER DRIVE AND CONIFER CIRCLE LEGAL DESCRIPTION
IW44ON :
SINGLE FAMILY TRACT LEGAL DESCRIPTION
EXHIBIT C
CERACCHE LAND LEGAL DESCRIPTION
EXHIBIT D
LINDERMAN CREEK II LEGAL DESCRIPTION
EXHIBIT E
CONIFER DRIVE EXTENSION
FAConifer Transfer\990\Word\Legaftsusan\Lindemtan Creek MEasement access for Sine Family rev Ldoc
Liber:CD2506 ge:4454
C.T. MALE ASSOCIATES, R C,
2W GalvfwOy Hark N", Mg. C, P.O. Box 3246, North Syracuse, NY 13212-3246
(315) 45W96 FAX (315) 458.4427 www.etrnato.00m ' •
EXHIBIT A
LRG AT, DUCRM"ION
100 FOOT INGRESSiEGRESS FASEMRNT
FOR' PHASE i - I.indermas Creek Associates, LP
AIL THAT TRACP OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins and State of Now York, being part of Military Lot 56 and bedng more
particularly bounded and described as follow:
Beginning -it tho intersection of the division line between the lands now or formerly of
CoidFor Realty Corporation as described in Book 853 of Deeds at Page 260 on the west
and the lands now or formerly of Udward M. Murray as described in Book 571 of Deeds
at Page 563 on the e1.tit wish the northerly margin of N.Y.S. Route 79 (Enfield Center -
Tlbaca Rmd, S.11. No. 1001), thence North 75 deg. 05 min. 07 sec. West, along said
northerly muvlhu, a distance of 100.00 feet to its intersection with division line between
the said landa of C'on!1hr Realty Corporation on the cast and the lands now or formerly of
Anthony Cer4cehe as desen'bod in Book 565 of Decals at Page 892 on the west; dunce
North 14 deg, 54 niin. 53 sec. Past, along said division line, a distance of 397.00 iba to a
point; thctm South 75 deg. 05 min. 07 sec. 11as4 through the said lands of Conifer Realty
Collxoralion, a distance of 415.00 feet to its intersection with the division line between
the said lands of Conifer Realty Corporation on the west and the lands now or formerly of
Undenuan Creek Associates, LP an dosen'bod in Book 853 of Deeds at Page 263 on the
cast; thcnco South 14 de)& 54 min. 53 sec. West, along said division lino, a distance of
100.00 feet to its intersection with the division lino between the said lands of Conifer
Realty Corporation on tico north and the said lands of Murray on the south; thence North
75 dog. 05 min 07 seo. West, along said division line, a distance of 315.00 foot to the
aromrrenlionod division lino botwcon the said lands of Conifer Realty Corporation on do
west and the said lands of Edward M, Mutray on the east; thence South 14 deg. 54 min.
53 sec. West along said division line, a distance of 297.00 feet to the point of beginning,
containing 1.634 acres, more or less.
Subjoct to a 100 foot access casement between Conifer Realty Corporation and the Town
of Ithaca by died dated October 16, 2000 and rccordod in the Tompkins County Clerk's
Offieo in Book 898 orpoods at Page 119.
Bang a portion of lands conveyed by Anthony Ceraeeho to Conifer Realty Corporation
by Warranty Dood dated July 19, 1999 and recorded in the Tompkins County Clerk's
Offico in Book 953 of Deeds at Page 260.
Pmpamt by CT. Male Anociaton, A.C.
C. i M 11rojea No.: 01.4029
1)vtc4:7aly27, 2000
Wmiwl: Apaust 3, 2000
April 3, 2002
ge:4455
C.T. MALE ASSOCIATES, P.C. t •
200 Gateway Park Drive, Bldg. C, P.O. Box 3246, North Syrocwe, NY 13212-3246_ _—
(315) 458-6498 FAX (315) 455.4427 www.ctncie.com •
EXHIBIT B
LEGAL DESCRIPTION
REMAWNG LANDS OF CONIFER REALTY
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 S6 and being more
particularly bounded and described as follow. -
Commencing at the intersection of the division line between the. lands now or
formerly of Anthony Ceracche as described in Book 565 of Deeds at Page 882 on the
west and the lands now or formerly of Conifer Realty Corporation as described in Book
853 of Deeds at Page 260 on the east with the northerly margin of N.Y.S. Route 79
(Enfield Center - Ithaca Road, S.H. No. 1001); thence along said division line the
following two (2) courses and distances: 1) North 14 deg. S4 min. 53 sec. East a distance
of 397.00 feet to a point; and 2) North 13 deg. 04 min. 40 sm. East a distance of 203.09
feet to a point in the center of Linderman Creek, said point being the POINT OF
BEGINNING; thence continuing along said division line the following two (2) courses
and distances: 1) North 13 deg. 04 min. 40 sec. East a distance,of 1358.89 feet to a point;
and 2) North 14 deg. S4 nun. 53 sec. East a distance of 200.00 feet to its intersection with
the division line between -the said lands of Conifer Realty Corporation on the south and
the lands now or formerly of Richard &. Mary Louise Perry as described in Book 499 of
Deeds at Page 1028 on the north; thence South 75 deg. OS min. 07 sec. East along said
division line a distance of 60.00 feet to a point; thence along the division line between the
said lands of Conifer Realty Corporation on the west and south and the lands now or
formerly of the Town of Ithaca as described in Book 898 of Deeds at Page 117 on the east
and north, the following five (5) courses and distances: 1) South 14 deg. S4 min. 53 sea.
West a distance of 199.04 feet to a point; thence 2) South 13 deg. 04 min. 40 sec. Weal a
distance of 168.79 feet to a point; thence 3) South 75 deg. 05 min 07 sec. East a distance
of 988.66 fed to a point; thence 4) South 14 deg. 54 min. S3 sec. West a distance of
%AS feet to a point; and S) South 7S deg. OS min. 07 sec. East a distance of 100.00 feet
to its intersection with the division line between the said lands of Conifer Realty
Corporation on the west and. the Marshall-Hirsfield Subdivision, Western Hills -
Development II (filed December 1, 1964 in Map Drawer B, Sheet 11), the Westmount
Subdivision (filed December 15, 1955 in Map Book B-6, Page 6S) and lams now or
formerly of Howard J. & Evelyn J. Stamp as described in Book 470 of Deeds at Page 61,
in part by each; thence along said division line the following three (3) courses: 1) South
15 deg. 30 min. 39 sec. West a distance of 60.00 feet to a point; thence 2) South 14 deg.
40 min. 03 sec. West a distance of 506.37 feet to a point; and 3) South 13 deg. 55 min. S4
sec. West a distance of 352.77 feet to its intersection with the said center of Linderman
Creek, said Linderman Creek being the division line between the said lands of Conifer
Realty Corporation on the north and lands now or formerly of W.G. & J.L. Hansen as
described in Book SOS of Deeds at Page 789 on the south; thence westerly along said
ArcNiedure de SWIG" Systems Enoheerhg 0 CWV EnglnewM • Envlrownenntal Services • Survey & U nd hformotbn Services
Li'ber:CD2506
C.T. MALE ASSOCIATES, R C.
Page:4456
2W Gotewoy Park Drive. Bldg. C. P.O. Box 3246. North Syracuse. NY 13212.3246
(315) 458.6498 FAX (315) 458.4427 www.ctmale.com
center of Linderman Creek and said division line, as it winds and turns about 211 feet to
its intersection with the division line between the said Lords of Conifer Realty
Corporation on the north and the lands now or formerly -of Linderman Creek Associates,
.L.P. as described in Book 853 of Deeds at Page 263 on the south, said point being North
76 deg. 50 min. 45 sec. West a distance of 199.99 feet from the termination of the last
described course; thence westerly along said center of Lindaman Creek and said division
line, - as it winds and turns. about 536 feet to a point, said point being North 87 deg. 09
min. 42 sec. Wed 507.96 feet from the termination of the last described course; thence
westerly along the said center of Linderman Creek and through the said lands of Conifer
Realty Corporation, as it winds and turns about 447 feet to a point, said point being North
83 deg. 31 min.' 11 sec. West a distance of 426.12 feet from the termination. of the List
described course, said point also being the point of beginning, containing 28.732 gems,
more or less.
Subject to a 30' wide and two 60' wide access easements between Conifer Realty
Corporation and the Town of Ithaca by deed dated October 16, 2000 and recorded in the
Tompkins County Clerk's Office in Book 898 of Deeds at Page 119.
Subject to a 10' wide.gas pipeline easement conveyed to New York State Electric 8t
Gas as recorded in the Tompkins County Clerk's Office in Book 374 of Deeds at Page 46.
Arct utectwe & SuNdM SystWns Engineering • CM Engineering • Environmental services • Survey & Land InforrnC ion SWAC93
Liber:CD2506 Page:4457
C.T. MALE ASSOCIATES, P. C. f OR
200 Gateway Park Drive. Bide. C. P.O. Box 3246, North Syracuse, NY 13212.3M
(315) 458.6498 FAX (31 458.4427 www.ctmale.com G�
EXHIBIT C
LEGAL DESCRIPTION
REMATMWG LANDS OF CERACCAE
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 follow:
Commencing at the intersection of the division line between the lands now or
formerly of Anthony Ceracche as described in Book 565 of Deeds at Page 882 on the east
and the lands now or formerly of Marijane and Russell Johnson as described in Book 793
of Deeds at 323 on the west with the northerly margin of N.Y.S. Route 79 (Enfield Center
- Ithaca Road, S.H. No. 1001); thence North 14 deg. 41 min. 00 sec. East along the
division line between the said lands of Ceradche on the east and the said lands of
Johnson, the lands now or formerly of Glenn F. & Mary A. Hubbell as described in Book
649 of Deeds at Page 1077 and the lands now or formerly of Alfred C., Mildred, Nelson
& Jacqueline Eddy as described in Book 635 of Deeds at Page 482, in part by each, on the
west, a distance of 67SAI feet to a point in the center of Linderman Creek, said point
being the Point of Beginning; thence North 14 deg. 41 min. 00 sec. East along the
division line between the said lands of Ccracche on the cast and the said lands of Eddy on
the west, a distance of 1479.79 feet to its intersection with the division line between the
said lands of Ceracche on the south and the lands now or formerly of Richard & 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, a distance of 829.93 feet to its
intersection with the division line between the said lands of Ceracche on the west and the
lands now or formerly of Conifer Realty Corporation as described in Book 853 of Deeds
at Page 260 on the east; thence along said division line the following two (2) courses and
distances: 1) South 14 deg. 54 min. 53 sec. West a distance of 200.00 fed to a point; and
2) South 13 deg. 04 min 40 sec. West a distance of 1358.99 feet to a point in the center
of Linderman Creek; thence along the center of said Linderman Creek and through the
said lands of Ceracche the following two (2) courses and distances: 1) westerly along the
said center of Linderman Creek, as it winds and turns, a distance of about 891 fed to a
point, said point being North 66 deg. 40 min. 20 sec. West a distance. of 693.31 fed fiam
the termination of the last described course; and 2) westerly along the said center of
Linderman Creek, as it winds and turns, a distance of about 188 feet to the point of
beginning, said point being North 82 deg. 18 min. 28 sec. West a distance of 193.11 feet
from, the termination of the last described course; containing 29.069 acres, more or less.
Subject to a 10' wide gas pipeline easement conveyed to New York State Electric &
Gas as recorded in the Tompkins County Clerk's Office in Book 374 of Deeds at Page 46.
Subject to a 20' wide waterline easement as recorded in the Tompkins County Clerk's
Office in Book 608 of Deeds at Page 297.
La-Der:CD2506 Page:4458
C.T. MALE ASSOCIATES, P. C. f •
200 Gotewc+y Park Ddve. MO. C. P.O. Box 3246, North Syracuse: W 13212-3246
(315) 458-UN FAX (315) 458-4427 www.Ctmale.COM I
f:.11 •
clw
Being a portion of lands conveyed by Westview Heights, Inc. to Anthony Cerac the by
warranty Deed dated. July 20, 1978 and recorded in the Tompkins County C ews; Office
m Book 565 of Doods at Page 882.
hcpu W by C.T. Male AwmblM P.Q
CTU Project No.: 01.4028
Daoed Aprg 18. 2002
Fde: doe
C.T. MALE ASSOCIATES, P. C.
200 Gotewoy Pork D" Bldg C. P.O. Box 3246, North Syrocum, NY 13212-3246
<315) 458-6498 FAX (315) 458.A427 www.ctmale.com
EXHIBIT D
Liber:CD2506 Page:4459
,Qg '
L
LEGAL DESCRIPTION
LINDERMAN CREEK APARTMENTS — PHASE 2
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 follow:
Beginning at the intersection of the division line between the lands now or formerly of
Anthony Ceracche as described in Book 565 of Deeds at Page 982 on the west and the
lands now or formerly of Conifer Realty Corporation as described in Book 853 of Deeds
at Page 260 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
margin of N.Y.S. Route 79 (Enfield Center - Ithaca Road, S.H. No. 10011 a distance of
721.28 feet to a point; thence through the said lands of Ceracche the following throe (3)
courses and distances: 1) North 14 deg. 41 min. 00 sec. East a distance of 117.67 feet to a
point; thence 2) North 39 deg. 38 min. 53 sm. East a distance of 75.23 feet to a point and
3) North 14 deg. 41 min. 00 sec. East a distance of 515.43 feet to a point in the center of
Lindeman Creek; thence along the said center of Linderman Creek the following two (2)
courses and distances: 1) easterly along said center as it winds and turns, a distance of
about 891 feet to a point on the said division line between the said lands of Conifer
Realty Corporation on the east and said lands of Ceracche on the west, said point being
South 66 deg. 40 min. 20 sec. East a distance of 693.31 feet from the termination of the
last described course; and 2) easterly along said center as it winds and turns, a distance of
about 447 feet to a point on the division line between the said lands of Conifer Realty
Corporation on the west and the lands of Linderman Creek Associates, L.P. as described
in Book 853 of Deeds at Page 263, on the east, said point being South 83 deg. 31 min. 11
sec. East a distance of 426.12 feet from the termination of the last described course;
thence South 14 deg. 54 min. 53 sec. West along said division line, a distance of 265.49
feet to a point; thence North 75 deg. 05 min. 07 see. West through the said lands of
Conifer Realty Corporation, a.distance of 415.00 feet to a point on the division line
between the said lands of Conifer Realty Corporation on the east and the said lands of
Ceracche on the west; thence South 14 deg. 54 min. 53 see. West a distance of 397.00
feet to the point of beginning, containing 12.494 acres, more or less.
Together with a' 100 foot wide easement for ingress and egress,, in common with
others, and being more particularly bounded and described as follow:
Beginning at the intersection of the division line between the lands now or formerly of
Conifer Realty Corporation 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, a distance of 100.00 feet to a point on the division line between the
lands now or formerly of Anthony Ceracche as described in Book 565 of Deeds at Page
ArChiteCture & &Adho Systems Enoineerino 9 Civil Engineering • Environrnentai SenAceS • Survey & L,ond in!orffxMn Services
Page:4460
C.T. MALE ASSOCIATES, P. C. H I
•
200 Gateway Pork Dmre. Bldg. C. P.O. Box 3246, North Syracuse, W 13212-3246 LE
(315) 468.6498 FAX (315) 455.4427 www.CtMcie.com Q_ •
882 on the west and the said lands of Conifer Realty Corporation on the east; thence
North 14 deg. 54 min. 53 sec. East a distance of 397.00 feet to a point; thence tlufough the
said lands of Conifer Realty Corporation the following two (2) courses: 1) South 75 deg.
05 min. 07 sec. East a distance of 100.00 feet to a point: and 2) South 14 deg. 54 min 53
sec. West a distance of 100.00 feet to its intersection with the said 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, a distance.of
297.00 feet to the point of beginning, containing 0.911 acres, more or less.
Subject to a portion of a 30 foot access casement between Conifer Realty Corporation
and the Town of Ithaca by deed dated •October 16, 2000 and recorded in the Tompkins
County Clerk's Office in Book $99 of Deeds at Page 119.
Subject to a 10' wide gas pipeline easement conveyed to New York State Electric 8t
Gas as recorded in the Tompkins County Clerk's Office in Book 374 of Deeds at Page 46.
Subject to a 20' wide waterline easement as recorded in the Tompkins County Clerk's
Office in Book 609 of Deeds at Page 297.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty
Corporation by Warranty Deed with Lien Covenant dated July 1999 and recorded July 19,
1999 in the Tompkins County Clerk's Office in Book 853 of Deeds at Page 260 and a
portion of lands conveyed by Westview Heights, Inc. to Anthony Ceracche by Warranty
Deed dated July 20, 1978 and recorded in the Tompkins County Clerk's Office in Book
565 of Deeds at Page 882.
Prepared by C.T. Male Associates, P.C.
CTM Project No.: 01.4028
Dated April 17, 2002
File: Piuse2 4/17/02Aw
Revised: 4/24102
Architecture & SOWN Systems Engineering • • Ctvii Engineering 9 Environmentot Services • Survey & land infornnocft n Services
C.T. MALE ASSOCIATES; P. C.
200 Gateway Park Drive. Bldg. C, P.O. Box 3246, North Syracuse, NY 13212-3246
(315) 458-6498 FAX (315) 458-4427 www.ctmole.com
EXHIBIT E
LEGAL DESCRIPTION
100 FOOT INGRESS/EGRESS EASEMENT
TO CERACCHE PARCEL
Ls'u"r:CD2506 Page:4461
s7�
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 a 100 foot
wide access easement, to be used in common with others, and being more particularly
bounded and described as follow:
Beginning at the intersection of the division line between the lands now or formerly of
Anthony Ceracche as described in Book 565 of Deeds at Page 882 on the west and the
lands now or formerly of Conifer Realty Corporation as described in Book 853 of Deeds
at Page 260 on the east with the northerly margin of N.Y.S. Route 79 (Enfield Center -
Ithaca Road, S.H. No. 1001); thence along said division line the following two (2)
courses and distances: 1) North 14 deg. 54 min. 53 sec. East, along said division line, a
distance of 397.00 feet to a point; and 2) North 13 deg. 04 min. 40 sec. East a distance of
353.09 feet to a point; thence through the said lands of Conifer Realty Corporation the
following four (4) courses and distances: 1) South 76 deg. 55 min. 20 sec. East a distance
of 100.00 feet to a point; thence 2) South 13 deg. 04 min. 40 sec. West a distance of
354.70 feet to a point; thence 3) South 14 deg. 54 min. 53 sec. West a distance of 1.60
feet to a point, said point being on the proposed southerly of the future Phase 2
development; and 4) South 14 deg. 54 min. 53 sec. West a distance of 100.00 feet to a
point on the division line between the lands of said Conifer Realty Corporation 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; thence South 14 deg. 54 min. 53 sec. West a distance of
297.00 feet to a point on the said 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
margin, a distance of 100.00 feet to the point of beginning, containing 1.725 acres, more
or less.
Subject to a portion of a 30 foot access easement and a 100 foot access easement
between Conifer Realty Corporation and the Town of Ithaca by deed dated October 16,
2000 and recorded in the Tompkins County Clerk's Office in Book 898 of Deeds at Page
119.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty
Corporation by Warranty Deed with Lien Covenant dated July 1999 and recorded July 19,
1999 in the Tompkins County Clerk's Office in Book 853 of Deals at Page 260.
Prepared by C.T. Male Associates. P.C.
CTM Project No.: 01.4028
Dated March 4.2002
Last Revised April 24, 2002
Architecture & Building Systems Engineering • Civil Engineering • Environmental Services - Survey & Land Information Services
Lihc_r:CD2506 Page:4462
October 16, 2000 and recorded in the public records of Tompkins County at Liber 898,
page 119 ("Park Access Easement').
Conifer Realty, or its predecessor in interest, has previously granted to Linderman
I and Linderman II certain rights of access to the Roads, as set forth in an Access
Easement between Conifer Realty Corporation and Linderman I dated September 1, 2000
and recorded in the public records of Tompkins County at Liber 887, page 220
("Linderman Creek Access Easement") and in an Access Easement and Maintenance
Agreement between Linderman I, Linderman II and Conifer Realty dated of even date
herewith, to be recorded in the public records of Tompkins County simultaneously with
this Agreement ("Easement and Maintenance Agreement").
The parties desire to modify the Park Access Easement and the Linderman Creek
Access Easement to provide for the extension of Conifer Drive through Linderman Creek
II and the Single Family Tract, as more particularly described on Exhibit E (the "Conifer
Drive Extension"), to permit the owners and occupants of the Single Family Tract and the
Ceracche Land, as well as the Town, to have access across a proposed extension of
Conifer Drive to Route 79 and to provide for the sharing of costs of construction and
maintenance of such extension to Conifer Drive.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, the parties agree as follows:
1. EXTENSION OF CONIFER DRIVE. Conifer Realty shall, simultaneously with
the development of the Ceracche Land or Single Family Tract, whichever occurs first,
construct the Conifer Drive Extension. The Conifer Drive Extension shall be constructed
in a good and workmanlike manner and in compliance with applicable governmental
standards and shall be constructed in the same manner and to the same standards as
Conifer Drive.
This Easement Agreement shall not impose upon Linderman II any
obligation to construct the Conifer Drive Extension and Conifer Realty shall not have any
F \Conifer Transfer\990\Word\Legal\sasan\Lindemman Creek II\Easement access for Singe Family rev I doe
Lz;^_reCD2506 Page:4463
obligation to construct the Conifer Drive Extension until such time as Conifer Realty
deems that it is necessary for access to the Single Family Tract and/or the Ceracche Land.
All costs of constructing the Extension of Conifer Drive shall be borne by Conifer Realty,
with 50% of the costs allocated to the Ceracche Land and 50% of the costs allocated to
the Single Family Tract.
2. PERPETUAL EASEMENT. Conifer Realty and Linderman II hereby grant and
convey to Conifer Realty and the Town, for the benefit of the residents, invitees and
guests of the Single Family Tract, the Ceracche Land and the Park, a perpetual, non-
exclusive easement and right of way for vehicular and pedestrian ingress and egress and
passageway upon, over and across that portion of Conifer Drive from Route 79 and
across the Conifer Drive Extension for the purpose of vehicular and pedestrian entrance,
exit or passageway between Route 79 and the Single Family Tract, the Ceracche Land
and the Park, subject to the provisions of this Easement Agreement and to such
reasonable rules and regulations relating to the use of Conifer Drive, as may be imposed
from time to time by Conifer Realty and Linderman II.
Nothing contained herein shall be deemed to be or interpreted to constitute a grant
or dedication of any part of Conifer Drive to or for the benefit of the general public or for
any public purpose, but said provisions are strictly limited to the parties and for the
purposes described herein.
Except as amended herein, this Agreement shall not supersede or replace the
Linderman Creek Access Easement, the Park Access Easement or the Easement and
Maintenance Agreement.
3. RESPONSIBILITY FOR MAINTENANCE OF CONIFER DRIVE. That
portion of the Conifer Drive Extension located on Linderman Creek II and running to the
west to the buildings comprising Linderman Creek II will be constructed, maintained and
operated by Linderman II in a reasonable and proper manner. That portion of the Conifer
Drive Extension located on Linderman Creek II and running to the northeast, over the
Single Family Tract up to the Park, will be constructed, maintained and operated by
Conifer Realty in a reasonable and proper manner.
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Conifer Realty and Linderman H shall have the right from time to time to temporarily
block or alter access over the Conifer Drive Extension for reasonable periods of time to
repair or reconstruct the same or to perform such other functions with respect thereto as
may benefit the residents of Linderman I, Linderman II, the Single Family Tract, the
Ceracche Land and the Park.
4. SHARING OF COSTS FOR MAINTAINING THE CONIFER DRIVE
EXTENSION. The costs of maintaining, repairing, operating and replacing the Conifer
Drive Extension located on the Single Family Tract shall be shared 50% by the Single
Family Tract and 50% by the Ceracche Land. Conifer Realty may enter into any
contracts it deems necessary for routine maintenance, repair and operation of Conifer
Drive, including contracts for snow plowing.
5. FAILURE TO COMPLY. In the event any party hereto fails to comply with the
provisions herein, the other party may notify the defaulting party by giving thirty (30)
days prior written notice that specifically the manner of noncompliance. Within the
aforementioned thirty (30) days, the party receiving notice may inform the party giving
notice that it intends to perform the required work and, within thirty (30) days thereafter,
shall actually proceed with and diligently complete such required work. If the party
receiving notice fails to respond, or responds but fails to begin or promptly complete the
required work, the party giving notice may diligently and expeditiously proceed with
such required work. In that event, the party giving notice shall perform such work in a
good and workmanlike manner and as otherwise required by this Agreement and shall be
entitled to reimbursement in accordance with this Agreement.
6. INDEMNIFICATION. Each party shall indemnify and hold harmless the
other against and from any and all claims, actions, damages, liability or expense for
injuries to, or death of persons or damage to real or personal property which the persons
so indemnified and held harmless, or their respective agents, employees or invitees, or
any other person, may incur in connection with or arising out of any exercise, usage or
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construction completed in, on, under or to the Conifer Drive Extension, by the other
parties, their residents, invitees, or any agent or employee of such other party, any and all
mechanics', materialman's or other liens or claims arising out of any action taken by such
other party or its residents, invitees, agents or employees pursuant to the provisions of
this Agreement.
7. SUCCESSORS AND ASSIGNS. This Agreement shall run with the land in
perpetuity and shall be binding on and inure to the benefit of the heirs, successors and
assigns of the parties hereto.
8. AMENDMENTS. The provisions of this Agreement may be abrogated,
modified, rescinded or amended, in whole or in part, only by declaration in writing, duly
executed and acknowledged by Conifer Realty, the Town and the then owners of
Linderman Creek II and by the then holders of any mortgage of record secured by any
portion of Linderman Creek II or the Single Family Tract or the Ceracche Land.
9. INVALIDITY OF CERTAIN PROVISIONS. The invalidity of any portion of
this Agreement or any of the provisions hereof by judicial decision or otherwise shall not
affect the remaining provisions hereof which shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date above first Written.
Conifer Realty, LLC
By: ( -
► it
6ffAyU%ce&R�&n
Linderman Creek II Associates, LLC
By:
LO-M
' Name:}. . iE�r
Title:
Town of Ithaca
By:�Vu�t a, I✓
Name:
Title:
Record & Return To
Monroe Title Insurance Corp.
Attn: Peter E. Bryant
47 West Main St.
Rochester, NY 14614
)(00 01
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State of New York, County of Monroe ss:
On the 1 ay of May ' e year 2002 before me, the undersigned, personally
appeared C.P. T� itCI, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument. .,
y n i MARLENE t o of Ne K
Notary Public, State of New York
No. 01 BE6062083
Notary Public Qualified in Ontario County
Commission Expires 07/30/20�
State of New York, County of Monroe ss:
On the "" ay of May =t&
ea2002 before me, the undersigned, personally
appeared eylt , _ personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Notary P blENicSta a of Now York
Public No. 01 BEW62083
Notary Qualified in Ontario County ,r''"
Commission Expires 07/3Q/20
State of New York, County of Tompkins ss:
On the day of May in the year 2002 before me, the undersigned, personally
appeared'�n-� �a personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
0—
No7 Public (� jarnp
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