HomeMy WebLinkAbout456641-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 5
Receipt No. 456641
DATE: 06/30/2004
Time: 03:06 PM
Document Type: EASEMENT/LEASE
Parties To Transaction: BOWMAN
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 02693
State of New York
INSTRUMENT NUMBER
*456641-001 *
Delivered By: TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Mortuage Information
Mortgage Amount
Basic Mtge. Tax:
Special Mtge. Tax:
Additional Mtge. Tax:
Tompkins County Clerk Mortgage Serial No.:
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
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C£.IVF0IF1' ED
EASEMENT AGREEMENT TICt.
THIS AGREEMENT, made this 30th day of June,20M,!" W ADA" Oe'tllen
STANLEY & MARY ANN BOWMAN of 203 Pine Tree Road, Ithaca, New York,
14850, hereinafter called the "Grantor", and the TOWN OF ITHACA, a municipal
corporation in the County of Tompkins, State of New York, whose principal office at 215
North Tioga Street, Ithaca, New York, 14850, hereinafter called "Grantee" or "Town", its
successors and assigns,
WITNESSETH
WHEREAS, the Town is desirous of creating, constructing, developing, and
maintaining a walkway for use by pedestrians, bicyclists, and other recreational uses
(hereinafter called the "Walkway"); and
WHEREAS, Grantor is the owner and has an interest in real property in said
Town over which said walkway is intended to be located; and
WHEREAS, the Grantor is willing to convey to the Town an easement for the
purposes of constructing and maintaining the Walkway;
NOW, THEREFORE, in consideration of the mutual promises contained herein
and in consideration of the benefits to accrue both community wide and to said Grantor
as a result of the creation and maintenance of said Walkway, and in further consideration
of the covenants herein contained and other good and sufficient consideration, receipt
whereof is hereby acknowledged, Grantor does hereby grant and convey to said Town, its
successors and assigns forever, a permanent right of way to enter upon, construct,
operate, maintain, repair, and replace a walkway and appurtenances across or upon the
lands of the Grantor in said Town, said easement to be substantially as shown on the
attached map as the same may be further described on Schedule A. Said Walkway may
be used by the Town and the general public for recreational and other municipal
purposes.
The granting of the easement by this instrument is subject to the following terms
and conditions:
1. Grantor reserves the underlying fee title to said property covered by said
easement, subject to the rights and privileges herein granted to the Town.
2. Whenever any work is done on the Grantor's premises, the Town, at no
expense to the owner of such premises, will remove all debris and will restore the land
surrounding the Walkway to substantially the same condition it was in before any such
work was done. If any damage is caused to the Grantor's property or if such property has
not been properly restored by the Town, the Grantor shall give prompt and due notice in
I
SCHEDULE A
STANLEY & MARY ANN BOWMAN
ALLTHAT TRACT OR PARCEL OF LAND shown on the attached map and
generally described as follows:
COMMENCING at a point in the east line of Pine Tree Road approximately 62
feet north of the centerline of Honness Lane, said point being in the south line of
Grantor's property, running thence northerly along the east line of Pine Tree Road a
distance of 23.12 feet to a point; running thence southeasterly a distance of 24.25 feet;
running thence westerly along the southerly boundary of Bowman a distance of
approximately 7.75 feet to the point or place of beginning.
Being a triangular parcel of land at the intersection of the Bowman property and
Pine Tree Road in the Town of Ithaca, Tompkins County, New York, and being a portion
of Town of Ithaca Tax Parcel 57-1-1.
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writing to the Town at the Town of Ithaca offices at 215 North Tioga Street, Ithaca, New
York, immediately following any such damage or failure to restore the property.
Notwithstanding the foregoing, nothing shall prevent the Town from installing a
walkway, planting vegetation within the easement area, excavating or modifying the
terrain within the easement area, and making modifications and changes to the property
over which the Walkway itself actually passes without being obliged to restore such
property to the prior condition.
3. Grantor warrants that Grantor has title to the property over which an
easement is being given by this instrument, free and clear of all liens and encumbrances
of any nature whatsoever unless specifically set forth in this agreement.
4. This instrument shall bind the parties hereto, their distributes, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor
as of the day and year first above written.
TOWN" �OF ITHACA',/Grantee
CBv: j—T'U ,,�
Catherine Valentino, Town Supervisor
STATE OF NEW YORK
M1*
COUNTY OF TOMPKINS :
On the � day ofJOO in the year _2004 before me, the undersigned,
personally appeared Stanley Bowman 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument. '
// Ii, I' ,
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
STATE OF NEW YORK No. 01 WH6052877
Tioga County Z :ss.: Commission Expires December 26,_,l
alo
COUNTY OF TOMPKINS :
f
On the W) day of in the year _2004 before me, the undersigned,
personally appeared Mary Ann Bowman 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
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Notary Public
STATE OF NEW YORK CARRIE
Pub IEWHITMORE
NotarI York
:ss.: No. 01 WH6052877
COUNTY OF TOMPKINS Tioga County
Commission Expires December 26,��
On the �) day of in the year _2004_ before me, the undersigned,
personally appeared _Catherine Valentino 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument. 1 i , ,�UIdWt�
,C 1Qtkw.
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH02877 gkj�
Tioga Coounnty ,.
Commission Expires December 26,