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Home My WebLink About470235-001Aurora 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. 470235 DATE: 03/21 /2005 Time: 04:11 PM Document Type: EASEMENT/LEASE INSTRUMENT NUMBER *470235-001 * Delivered By: BARNEY GROSSMAN DUBOW N Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Parties To Transaction: TOWN OF ITHACA TO SMITH Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No Mortgage Information Mortgage Amount Basic Mtge. Tax: 01966 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 N111111111111111111111111111111111111111111111111111111111111 N ENCROACHMENT LICENSE AGREEMENT made this / i day of March , 2005 by and between the TOWN OF ITHACA a municipal corporation having offices at 213 North Tioga Street, Ithaca, New York, hereinafter referred to as the "Town" and KAZUKO SASAKI SMITH, of 107 Northview Road, Ithaca, New York, hereinafter referred to as "Licensee". WHEREAS, Licensee is the owner in fee simple absolute of a parcel of land with improvements thereon in the Town of Ithaca, County of Tompkins, State of New York, commonly known and designated as 107 Northview Drive , Ithaca, New York, as more particularly described in a deed to Licensee from Robert John Smith and Kazuko Sasaki Smith dated June 3. 1993, and recorded in the Tompkins County Clerk's Office on June 3, 1993 in Liber 700 of Deeds at Page 81 (the "Premises"); and WHEREAS, the Town was granted an easement by Robert J. Smith and Kazuko Smith dated July 18, 1990 , recorded in the Tompkins County Clerk's Office on August 22, 1990 in Liber 656 of Deeds at Page 1081 for the construction and maintenance of a sanitary sewer improvement (the "Easement"); and WHEREAS, a portion of the house on the Premises encroaches approximately 1.9 feet into the area covered by the Easement, as shown on a survey of the premises entitled "Survey Man. 107 Northview Road. Town of Ithaca. Tompkins County New York" dated February 15• 2005, by T.G. Miller P.C., which survey is intended to be recorded concurrently with this License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($1.00) by Licensee to the Town in hand paid, receipt whereof is hereby acknowledged, said parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. Subject to the terms of this License, Licensee shall have the right to maintain the encroachment of the building in the Easement area as it now exists and as shown in the above - referenced survey. 2. The encroachment shall be permitted to continue so long as the present building shall be in existence, or until the Town's Public Works Department or the Town's Engineer finds that the removal of the encroaching part of the building is necessary for the use of the Town's right-of-way, at which point such encroachment shall be removed at Licensee's sole expense upon no less than one year's prior written notice from the Town. 3. This Agreement shall terminate when and if the portion of the building so encroaching ceases to exist, or the portion of the building which encroaches shall be removed by direction of the Town's Public Works Department or the Town's Engineer, whichever is earlier. After such termination, Licensee shall not cause any building which may be erected or maintained on said premises to encroach onto the Easement area. Page 1 of 2 REFERENCE TO SURVEY MAP NO.107 NORTHVIEW ROAD DATED SEPT. 3, 1970 BY T.G. MILLER, P.C. ZAITLIN (R.O.) 805/72 I / 9' s / I O,, SEWER / ,n MANHOLE DECK 5 0000, f0N0 O/ Plp� / HOUSE + U N0.107 O SEWER 120' PERMANENT MANHOLE EASEMENT FOR — SEWER MAIN SEE 65611081 GARAGE I I I PIPS f O�Np SEWER MANHOL � I I W) N I q IJ J GI 2 W Ci I ASPHALT E DR/V c . I _ O 1 SEWER LINE KAZUKO SA.SAKI SMITH 0 ' N 8K.700 PG 81 g TAX MAP N0.52-1-4 v` I ;r o Z I AREA-1. 66 ACRES o I Q � U I Q) z \ O� I fOUNp p1PE , SEWER \ / MANHOLE / �30 *00 Ak . / 5 511P OUNp ' 6' � o = r f �Z�W/ 34 86 fOopO 5 69 N pIN h H / r MILLER (R.O.) 3851344 4c o sT1'F CAROLYN A. MARTIN �%)� �l•'iF CERTIFICATION 71COR TITLE INSURANCE COMPANY BARNEY, GROSSMAN, DUBOW do MARCUS I hereby certify to PACE FUNDING COMPANY, ITS SUCCESSORS AND/OR ASSIGNS that I am a licensed land surveyor, New York State License No.049269, ano tnot this map correctly delineates an actual survey on the ground made by me or under my direct supervision and that 1 found no visible encroachments either way across property lines except as shown hereon. SIGNED: DATED: / O T. G. MILLER P.C. ENGINEERS AND SURVEYORS 203 NORTH AURORA STREET ITHACA, NEW YORK 14850 TEL.(607)272-6477 TITLE: SURVEY MAP 4 / r WARNING ALTERATM OF THIS MAP NOT CONFOMM To sECnON 7ZOD. NO.107 NORTHVIEW ROAD TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK DATE: 2/15/2005 IJL:ALL: 1 °p=50' 2 SUBdN190N 2, NEW ]9WC SPATE EDUClaxkl UW, ARE PROHIBnED I LAW. ALL CERIIFlGTpNS HEREON ARE V" FOR TWS NAP AND COPIES THEREOF oNLY IF SND IMP OR COPIES BEAR THE IYPRES9pN SEAL Of THE LICCEl6ED MID SURVEYaR WHOSE SIGNATURE APPEARS HEREON. L Smith -Town Encroachment License Agreement, JCB Ithaca General; Hal; WP8.0; March 8, 2005 (2: 03PM) 4. Licensee agrees to save the Town harmless from any loss, injury or damage arising out of the use of the Easement area by Licensee or from any negligence or fault of said Licensee, Licensee's servants or agents in connection with any activities impacting the Easement area. Licensee acknowledges that it will likewise hold the Town harmless from any costs that the Town may incur including legal fees, due to any claims which may arise out of or result from the building encroaching on the Easement area. THIS LICENSE AGREEMENT shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. STATE OF NEW YORK ss.: COUNTY OF TOMPKINS TOWN OF ITHACA BY:`��e�u,1 �, Y✓12t� cg Catherine Valentino, Supervisor .�. On the LL ri day of March in the year 2005 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 signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20 Sai STATE OF NEW YORK : ss.: COUNTY OF TOMPKINS On the < < day of March in the year 2005 before me, the undersigned, personally appeared Kazuko Sasaki Smith 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, exeeuted the ins ment. ANNA K. HOLMBERG Notary Public, State of New York Qualified in Tompkins Co. No. 46�97�0,� Notary Public My Commission Expires Dec. 31,� Page 2 of 2