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Home My WebLink About471065-001Aurora 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. 471065 DATE: 04/07/2005 Time: 03:25 PM Document Type: EASEMENT/LEASE Parties To Transaction: FRANDSENITATHACA Deed Information Consideration: $0.00 Transfer Tax- $0.00 RETT No: 02110 State of New York Tompkins County Clerk INSTRUMENT NUMBER *471065-001 * Delivered By: BARNEY GROSSMAN DUBOW M Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Mortctaae Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 ACCESS EASEMENT TOWN OF ITHACA DRAINAGE 110PROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Park Lane Ithaca, NY 14850 Town of Ithaca Tax Parcel Number: 56-3-13.36 THIS INDENTURE made as of the `Y day of 12005 BETWEEN: William P. Frandsen 265 Van Etten Rd Spencer, New York 14883 referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, GRANTEE has a proposed project for the rehabilitation and maintenance of a drainage way on Town of Ithaca Tax Parcels 56.-3.4, 56.-3-5 and 56-3-27, and to gain access to these parcels an access easement across Tax Parcel 56-3-13.36 is required; and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where such access easement must cross; NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the community, and otherwise, and in further consideration of the covenants herein contained and other good and sufficient consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and assigns forever: A temporary easement and a permanent easement to enter upon property of the GRANTOR for the purpose of maintenance and repair of such drainage way across or upon the lands of the GRANTOR or others in the Town of Ithaca. The width of the easement and the approximate location are shown on the map and sketch attached as Exhibit B-1 and B-2; the temporary easement is 50 feet in width for use during construction or from time to time for maintenance. The width of the permanent easement (the "Permanent Easement") shall be 20 feet; unless otherwise shown on said map or unless otherwise stated herein. The Location of the Permanent Easement may be adjusted with the approval of the GRANTEE to coincide with future road Rights of Way or to minimize impact on future uses by the GRANTOR. It is understood that should GRANTOR obtain approval for, and actually construct, Edwin Drive in substantially the location shown on the map attached as Exhibit D and convey the same to the GRANTEE for road purposes within a period of fifteen years from the date of this agreement, the Permanent Easement may be relocated to Edwin Drive and such other lands of GRANTOR northwest of Edwin Drive as are reasonably acceptable to GRANTEE. Any costs of relocating the Permanent Easement, including without limitation clearing costs and costs of stabilizing the easement area sufficient to bear the weight of vehicles used by GRANTEE to maintain the drainage easement on the Ewing property and other properties in the vicinity of the Permanent Easement, shall be borne by GRANTOR. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: No liens. All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas or any other facilities constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to said property covered by said easement, subject to the rights and privileges herein granted to the z n 7 � Bd CD C) it TS co l n �' \ 6•£4 u cn s , , 1616 C.J allo W c s DZZ O V £ r o. a a � t I CO DN D co � c OCZ " ci n o N v w s o rust s 6S2 ZZ•a 1 / "• s51t " >39, Ip t 6SZ / � q rU N .o r00Z a s ZEZ .a m OZ'E4�0` J u s tZt ! s ZOZ WsOSt 9Z9 6Z14 " t° s00Z " rLBt s19L 44 " all ' •s ti L'oC ce i z i W pi JAIS8 _ —_ ----- oP7. m`F-0w �'�. T;p m .gyp �0'Estw r0. CA ?SJ dl p O tri i'e �• NEI a r m u I �i'RE o y p NZo bb CIP (A al:ME 6 Gov 8p p -< (b (A ical CA ' u r 0 NV �O a I s s4• 03 r4e.e ! to •o a o v _O, u "ON N D <� 7 L Q o s o m A♦ 8 8 s4.03'4e'• Vr-1 m a o = ^7 O %00. CIA w_•{Q o s —'oar cP/� g „=1 Cyr-MMO A4 gl N L O S u— > o! STOM1N SMVEYIM N;'� 91 IrA Qa I i 1 7 F >fl b I Qmoo OOo Iso.se �. Iu O,— I ttAAa NA°i p. O w r u 'olo omcmi-Oi C4 0 ! N v 1p O • u � tv I v r7a �-Im iI Sri o < pW c a o cQ _ ` N 54.03'4e•E IW 8) a A A D ra u �—v w >>w W 411 I 'O fAr V NAN u i GPMmO 00 �ap - pOrr-4,. • C* �` > N 54.03' e'E O iA y T"�' a• 60.00' ROWAN DPiJV f ,50 GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to drainage or water discharge services or other facilities. Whenever any work is done on the GRANTORS premises, it is agreed that, without expense to the owner, all debris will be removed, the premises will be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably possible. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces, that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. If any damage is caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street. Ithaca. New York. immediate following any such damage or failure to restore the Property. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any, who performed the work on the Project. Any action against the Town must be commenced within two years from the happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. This instrument shall bind the parties hereto, their distributees, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instruments has been duly executed by the GRANTOR(S) and, if applicable, the holders of any liens. OWNER(s) NAME OWNER(s) SIGNATURE �William Frandsen L.S. L.S. TOWN OF ITHACA By: C-ld I State of New York, County of Tompkins SS: On the '� day ofthe year 2005 before me, the undersigned, personally appeared William Frandsen personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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 thq4nstrument. W. Charles J. Guttman Notary Public, State of New York No. 02GU4636755 Qualified in Tompkins County Notary Public State of New York, County of TogfiffiffiWin I$7res June 20, 2A �-Vl On themeday of r in the year 2005 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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 si ture(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, 94uA the instny�ent. /4� C ��>f�v� Notary Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166965 Qualified in Tompkins County Term Expires September 30, 20Q5