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Home My WebLink About468655-004No. of Pages: 4 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 INSTRUMENT NUMBER *468655-004* Delivered By: HARRIS BEACH LLP Receipt No. 468655 Return To: HARRIS BEACH LLP DATE: 02/16/2005 119 EAST SENECA ST ITHACA, NY 14850 Time: 03:48 PM Document Type: EASEMENT/LEASE Parties To Transaction: OVERLOOK Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: Mortgage Information Mortgage Amount Basic Mtge. Tax: 01683 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 DECLARATION OF RESTRICTIONS and EASEMENT AGREEMENT This Agreement, made this 16' day of February, 2005, by Overlook at West Hill L. P., a New York limited liability company, doing business at 31-87 Steinway Street, Suite Five, Astoria, New York 11103 (herein "Overlook"), Ithaca Land Holdings LLC, a New York limited liability company, doing business at 31-87 Steinway Street, Suite Five, Astoria, New York 11103 (herein "ILH") (Overlook and ILH, jointly and severally, "Owner"), Song Ja Kyong with a mailing address of 220 Highgate Road, Ithaca, New York 14850 ("Kyong") and Town of Ithaca, a municipal corporation maintaining an office at Buffalo and North Tioga Streets, Ithaca, New York (the "Town"). WITNESSETH: WHEREAS, ILH is the owner of a 12.351 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units, commonly known as "Overlook at West Hill - Parcel C", as shown and designated "Parcel C" on the Final Subdivision Plat (the "Plat") approved by the Town of Ithaca Planning Board by Planning Board Resolution No. 2004-32 adopted April 20, 2004, ("Resolution") a copy of which Plat was filed in the Tompkins County Clerk's Office on January 14, 2005, as Instrument Number 467081-001, in Map Drawer JAR, 60, and in accordance with the Final Site Plan ("Site Plan"), as approved by the Resolution, WHEREAS, Overlook is the owner of a 12.224 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units and a community building, commonly known as "Overlook at West Hill - Parcel B", as shown and designated "Parcel B" on the Plat, and in accordance with the Site Plan. WHEREAS, Kyong is the owner of a 5.00 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, which parcel is shown and designated "Parcel A" on the Plat. WHEREAS, Owner desires to establish certain restrictions in favor of Town and Owner and Kyong desire to grant to Town certain right-of-ways and easements over, across and upon Parcel A, Parcel B and Parcel C ( herein, collectively, the "Premises"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. Grant of Temporary Emergency Access Easement. Owner and Kyong grant a non- exclusive temporary easement and right of way to Town and to the Owner of Parcel B and Parcel C to use, in common with others, the existing access drive leading from the Tompkins County/Town of Ithaca water tank easterly to New York State Route 96 (Trumansburg Road), shown as"ASPHALT dARRIS BEACH t DRIVE" on the Plat, as a means of ingress and egress for emergency vehicles, including police and fire protection, in the event of an emergency. Owner grants anon -exclusive temporary easement and right of way to Town and to the Owner of Parcel B and Parcel C to use, in common with others, the roadways designated as "Harris B. Dates Drive West" on the Plat and "Overlook Circle" on the Site Plan as a means of ingress and egress for emergency vehicles, including police and fire protection, in the event of an emergency. The easements granted herein shall terminate upon dedication to Town of "Harris B. Dates Drive West" to its intersection with the west loop of Overlook Circle and the completion of construction to the satisfaction of the Town Engineer of all of Overlook Circle, all as shown on the Site Plan. 2. Grant of Water, Sewer and Storm Water Easement. Owner grants Town a permanent easement for the construction, maintenance, repair and replacement of water, sewer and storm water lines, pipes, accessory equipment and related fixtures (collectively, the "Facilities"). The location and dimensions of the easement granted herein shall be as shown on the Plat. The Facilities shall be constructed at Owner's expense in accordance with Town specifications and shall be subject to the approval of the Town Engineer. Upon completion and acceptance of the Facilities, such Facilities shall be offered for dedication to the Town. 3. Declaration of Restrictions for Future Expansion of Roadway. Owner hereby declares that a parcel of land adjacent to the west line of NYS Route 96 shall be reserved for future dedication to the Town of Ithaca for highway purposes (the "Future Expansion Parcel"). The Future Expansion Parcel shall be reserved for the future construction of a left turn lane at the intersection of NYS Rt 96 and "Harris B. Dates Drive West"and shall be of sufficient width to accommodate an exclusive left turn lane. The Future Expansion Parcel is shown and designated on the Plat as "Lands Reserved for Future Highway Widening Over Parcels B and C". Owner agrees to convey the Future Expansion Parcel to the Town or to the State of New York, whichever is designated by the Town, at such time as the Town or State of New York requests such conveyance. Such conveyance shall be without further payment to the Owner by either the Town or the State. Any improvements on the Premises shall be located west of the Future Expansion Parcel. The Town of Ithaca shall have the right to assign any and all rights granted in this Section to the State of New York for highway construction purposes. Nothing contained herein shall obligate the Town of Ithaca to construct any such future highway improvements or to incur any costs associated therewith. 4. Maintenance and Costs. Owner shall bear all costs of construction, maintenance and repairs of said roadways and of the Facilities until such time as they are dedicated to the Town. 5. Binding Effect. This easement, together with all rights and obligations, as set forth herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors and assigns. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. HARMS BEACH t II 2 A..o,.. .. u, Ithaca Land Holdings LLC By: Domain Overlook, LLC, Member By Name: Cfiiis Papamichael, Member OVERLOOK AT WEST HILL L.P. By: Ithaca House LLC, its General Partner By: Domain Overlook LLC, Member By: Name: C s Papamichael, Member Song Ja Kyo g Town of Ithaca y: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the "' day of February in the ye&,',> 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared , 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 he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or upon behalf of which the individual acted, executed the same. -- IM'ary rU[)UCMARK B. WHEELER STATE OF NEW YORK ) " ifiedIn'TState nNeW ` COUNTY OF TOMPKINS ) ss.: No. 4748671 Common Expires On the SL_th day of February in the ye 005 before me, the undersigned, a Notary Public in and for said State, personally appeared is , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is HARRIS BEACH s II 3 Arron�En Ar LAw HARRIS BEACH A --- subscribed to the within instrument and he 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 same. OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Ur On the day of February in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared So - oL k , personally known to me or proved to me on the basis of satisfactory eviden e to be the in ividual whose name is subscribed to the within instrument and he 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 same. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Notary Public ANNA K. HOLMBERG Notary Public, State of New York No. 4697020 Qualified in Tompkins County My Commission Expires Dec. 31, 20b5— On the 15 ' day of February in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared j,` =t )o n�6e)u , 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�he acknowledged to me thatshe executed the same in h s capacity, and that by hist'°signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the same. C TXPtary Public ,l�,r� JOHN C. BARNEY Notary Public, State of New York No. 02SA0166985 QualifiedCounty 4 Term Expires September 302oS