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Home My WebLink About458431-004Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 3 Receipt No. 458431 DATE: 08/02/2004 Time: 12:22 PM Document Type: MISC RECORDS Parties To Transaction: AU BLE Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *458431-004* Delivered By: ADAMS THEISEN MAY MILLER & Return To: ADAMS THEISEN MAY MILLER & YEHL 103 WEST SENECA ST ITHACA, NY 14850 Mortstane Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: State of New York 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 111111111111111111111111111111111111111111111111111111111111 i DECLARATION OF PEDESTRIAN TRAIL AND PLAY AREA EASEMENTS AND COVENANTS THIS DECLARATION OF PEDESTRIAN TRAIL AND PLAY AREAEASEMENTS AND COVENANTS is made this,2 (-9-' day of 'J„Q , 2004 by David C. Auble of 111 West King Road, Ithaca, NY 14850 (hereinafter referred to as "Auble"), which declaration shall apply to the area situate in the Town of Ithaca, County of Tompkins, State of New York, consisting of Lots numbered "1" through "8" of Holly Creek Subdivision as shown on a final plat map entitled "Holly Creek Subdivision Site Plan " dated December 31, 2003 to be filed in the Tompkins County Clerk's Office concurrently herewith (the "Premises"). WITNESSETH: WHEREAS, Auble is the owner of and developer of the Holly Creek Subdivision (Town of Ithaca tax parcel number 37.-1-17.1) situate in the Town of Ithaca, Tompkins County, New York, and WHEREAS, the Town of Ithaca Planning Board approved the Holly Creek Subdivision by Resolution Number 2004-001 on January 20, 2004, as shown on the final plat map entitled "Holly Creek Subdivision Site Plan" dated December 31, 2003 to be filed in the Tompkins County Clerk's Office concurrently herewith; and WHEREAS, the conditions of approval of such subdivision provide for the dedication to the residents of the subdivision access and use of certain facilities in the area and access to other lots of the subdivision; NOW THEREFORE, in fulfillment of the above conditions, and as an inducement to parties to purchase and/or rent properties in the Holly Creek Subdivision, the Auble, as Declarant, hereby declares that the following easements and restrictions shall be applicable to the lands described above: 1. Auble hereby grants and conveys, creates, and declares to the current and prospective owners and residents of Lots 1 through 7 in said subdivision a permanent and perpetual easement a. Over the areas of the Premises shown on the survey map titled "Holly Creek Subdivision Site Plan" dated December 31, 2003 by Reagan Land Surveying that are labeled as "EXERCISE TRIAL WOOD -CHIP SURFACE 3' IN DEPTH" looping across and around Lots 6 and 7 on said plat including the portions of said trail along the west sides of Lots 6 and 7 and the spur of said trail which runs east -west along the southerly side of Lot 7 connecting the east and west sides of the loop; b. Over and on a play area at the southeast corner of Lot 6 as shown on said map; C. Access over and across the pedestrian bridge providing access from Lot 7 to Lot 6 as shown on the plat; and d. Access over the area shown as "PEDESTRIAN EASEMENT 15' WIDE" providing access for pedestrians between Lots 7 and 8 shown on said map. 2. The easements granted herein are exclusively for property owners, residents, their guests and invitees of Lots 1 through 7 of the "Holly Creek Subdivision" as shown on the survey map for the general pedestrian use and access and, in the case of the play area, for general play purposes, including, without limitation, the following purposes: a. Use of the exercise trail, together with any facilities constructed along the same shown on said survey map together with the right of ingress and egress across Lots 6 and 7 to access the trail openings, for walking, jogging, running, and similar types fo activities; b. Access across Lot 6 to the area shown as the "play area" at the southeast corner of said Lot, along with the use of any facilities constructed or to be constructed in said play area for play purposes; C. Access across Lot 7 to Lot 8 for the purposes of ingress and egress to Lot 8 at the time any commercial or other development is completed on Lot 8. The exact location of the easement from Lot 7 to Lot 8 may be modified upon the written agreement of the owners, their heirs, successors and assigns of Lot 7 and Lot 8 and shall be subject to the approval of the Town of Ithaca Planning Board. 4. Auble, for himself, his heirs, successors and assigns covenants and agrees that no buildings or structures shall be constructed within the aforesaid permanent easements which will in any way interfere with complete access by the residents of the subdivision, their guests and invitees except for the construction of buildings or structures used for the purposes set out herein. 5. Any conveyance or transfer of title or any interest in any lots subject to this declaration shall include a specific statement subjecting title to the provisions of this declaration and the easements and covenants contained herein. It shall be sufficient compliance with this paragraph to state that the conveyance is made together with and subject to the covenants, rights, easements and conditions established by a Declaration of Pedestrian Trail and Play Area Easements and Covenants made and executed by David C. Auble with the date of execution provided, and recorded in the Tompkins County Clerk's Office in the Liber and page number of the deed book in which these restriction are recorded, or as a specified instrument number and the number so provided, and if these covenants are subsequently amended, the conveying language shall add reference to such amendments, including the dates of same, dates of recording, and the book and page or instrument number of such recording. 6. This declaration may not be amended or terminated without the approval of the owners of 75% of lots 1 through 8 as shown on the plat, with each lot to be entitled to a single vote irrespective of the number of owners of such lot. If any given lot has more than one (1) owner and such owners are unable to reach consensus on their vote as of the date such vote is to occur, then that lot's vote shall be disregarded. Notwithstanding any other terms of these covenants, no such amendment, exemption, alteration, or change in any such covenant will be valid if the developer owns any approved or contemplated lot of the subdivision until the developer approves such amendment, exemption, alteration, or change, with such approval being in writing, signed, and acknowledged by the developer. Further, no amendment, exemption, alteration or change in this declaration or any covenant thereof shall be effective until the same has been approved by the Town of Ithaca Town Board and a notation of such approval signed by the Town Supervisor or such person's delegate is affixed to any proposed amendment prior to its recording. IN WITNESS WHEREOF, the David C. Auble has hereunto set his hands the day first above written. STATE OF NEW YORK . ss.. COUNTY OF TOWKINS David C. Auble On the a I S, day of June in the year 2004 before me, the undersigned, personally appeared David C. Auble personally known to me 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. j No Public JESSICA L. MICHA Notary Public, State of New yo* MOW In OMSk ns Courtty C"n""foa Expires Octcber 1f,_ Zvo 6