Loading...
HomeMy WebLinkAbout479839-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax- 607-274-5445 No. of Pages: 10 Receipt No, 479839 DATE. 09/29/2005 Time: 03:43 PM Document Type: MISC RECORDS Parties To Transaction. CARVER ET AL Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *479839-001* Delivered By: LSSS - LOPINTO Return To: LSSS - LOPINTO AFCU Mortgage 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 1111111111111111111111111111111111111111111111111111111111 DECLARATION OF EASEMENTS Made this 2Z* day of August, 2005, BETWEEN: Regis Carver and Amy Elizabeth Guptill (Lot A), David James Mountin and Sarah Locke Mountin (Lot B), Barbara Alden Guttridge and Ellen Sue Baer (Lot D), and Bert E. Gildersleeve (Lot C), collectively referred to as "Subdividers." WHEREAS, Subdividers are owners of premises on Elm Street Extension in the Town of Ithaca, County of Tompkins, and State of New York, and described in deeds to them from Helen DeGraff Family Real Estate, LLC, dated December 29, 2004, recorded as Instruments Number 466355-003, 466355-004, 466355-005 and 466355-006, respectively, in the Tompkins County Clerk's Office; and WHEREAS, Subdividers, together with EcoVillage at Ithaca, Inc., have received approval from the Planning Board of the Town of Ithaca, by resolutions dated October 19, 2004, and November 16, 2004, to subdivide the premises described in said deeds and known as Tax Map Number 28-1-28.22 into eight separate parcels as shown on a subdivision plat entitled "Final Subdivision Plan for Mountin Subdivision" by Scott E. Edsall, of Williams & Edsall, licensed land surveyors, dated November 5, 2004, and signed December 23, 2004; and WHEREAS, while Lots A, B, C and D shown on said plat each have frontage on Elm Street Extension, it is the intention at this time for them to have their principal source of access by a common driveway system, with a single driveway running northeasterly from Elm Street Extension along the boundary between Lots B and C, then branching into two driveways, one running northwesterly toward and then along the boundary between Lots A and B to the personal driveways for those Lots, and the other running northeasterly toward and then along the boundary between Lots C and D to the personal driveways for those Lots; and WHEREAS, the Town of Ithaca, as a condition of its subdivision approval, requires that easements for the benefit of Parcels A, B, C and D be prepared to provided assured legal access over said shared driveway system for the benefit of Parcels A, B, C and/or D, as necessary; and WHEREAS, this Declaration of Easement is intended to fulfill such condition of said subdivision approval, IT IS THEREFORE AGREED that 1. The owners of Lots B and C hereby grant for the benefit of each other and for the benefit of the owners of Lots A and D, as shown on said subdivision map, and said owners' heirs, successors and assigns, a permanent easement and right of way across lands of the owners of Lots B and C, for the purpose of ingress and egress, to and from Elm Street Extension, for each other and for Lots A and D. Said easement is 20 feet in width. The location of the centerline of said easement is approximately along or next to the so-called "old road bed" shown on said subdivision plat as extending northeasterly from Elm Street Extension to a "Y" shaped fork in said roadway, running roughly along or next to the boundary between Lots B and C, and extending as necessary on to the lands on both sides of said boundary along said length. 2. The owner of Lot B hereby grants for the benefit of the owner of Lot A, and said owner's heirs, successors and assigns, a permanent easement and right of way across lands of the owner of Lot B for the purposes of ingress and egress to and from the aforementioned easement, for Lot A. Said easement is 20 feet in width. The location of the centerline of said easement is the dashed line extending northwesterly from the aforementioned easement (ie., from the "Y" fork) across Lot B until it reaches the boundary between Lots A and B, as shown on said subdivision plat. 3. The owners of Lots A and B hereby grant for the benefit of each other, and each other's heirs, successors and assigns, a permanent easement and right of way across their respective lands, for the purpose of ingress and egress, to and from the easement referred to in Paragraph 2, above, for Lots A and B. Said easement is 20 feet in width. The location of the centerline of the easement is approximately along or next to boundary between Lots A and B, between the westerly end of the easement referred to in Paragraph 2 and the more northerly of the personal driveways of the proposed houses for Lots A and B, a total distance of approximately 400 feet from the aforementioned "Y" fork in the driveway, as shown on said subdivision plat, and extending as necessary on to the lands on both sides of said boundary along said length. 4. The owner of Lot C hereby grants for the benefit of the owner of Lot D, and said owner's heirs, successors and assigns, a permanent easement and right of way across lands of the owner of Lot C for the purposes of ingress and egress to and from the easement referred to in Paragraph 1, above, for Lot D. Said easement is 20 feet in width. The location of the centerline of the easement is the dashed line labeled "centerline of old road bed" extending northeasterly from the easement referred to in Paragraph 1 (ie., from the "Y" fork) across Lot C until it reaches the boundary between Lots C and D, as shown on said subdivision plat. 5. The owners of Lots C and D hereby grant for the benefit of each other, and each other's heirs, successors and assigns, a permanent easement and right of way across their respective lands, for the purpose of ingress and egress, to and from the easement referred to in Paragraph 4, above, for Lots C and D. Said easement is 20 feet in width. The location of the easement is approximately along or next to boundary between Lots C and D, between the easterly end of the easement referred to in Paragraph 4 and the more easterly of the personal driveways of the proposed houses for Lots C and D, a total distance of approximately 500 feet from the aforementioned "Y" fork in the driveway, as shown on said subdivision plat, and extending as necessary on to the lands on both sides of said boundary along said length. 6. The owners of Lots A, B, C and D will each pay for 25% of the cost of the maintenance of said shared driveway system, including, but not limited to snowplowing and gravel replacement. The owners of Lots A, B, C and D agree to be jointly and severally liable for the cost of repairing said shared driveway system and agree, jointly and severally, to maintain said shared driveway system in an adequate condition sufficient for access by fire and other emergency vehicles to the house on each of the said Lots. 7. None of the owners of Lots A, B, C or D will contract for or purchase services or materials in connection with such maintenance without first obtaining the consent of the other owners, provided, however, that no party will unreasonably refuse to consent to any repairs or maintenance proposed by any of the others that may be necessary or appropriate in order to maintain the driveway in a state that is sufficient to permit access by emergency vehicles. 8. Any disagreement as to maintenance of said driveway shall be resolved by arbitration, with the owners taking one position choosing one arbitrator and those taking the other position choosing one arbitrator, and those two arbitrators to choose a third arbitrator, with a decision of at least two of the three arbitrators to be binding on all owners. If any party refuses to choose an arbitrator within ten days after receipt of written demand by the other party for same, the arbitration shall be decided by the single arbitrator chosen by the first party. The cost of arbitration shall be shared equally by the parties. Notwithstanding the foregoing, however, if the Town of Ithaca determines that the condition of the driveway is such that is not reasonable or it is unsafe for emergency vehicles to utilize same, the parties shall jointly and severally incur the costs necessary to upgrade the driveway to a point where it can be safely and reasonably used by emergency vehicles. 9. No owner of Lots A, B, C or D shall construct or allow to be placed any obstruction within the shared driveway system as described above, so as to prevent access to any party's Lot. 10. Subdividers agree, on their own behalf and on behalf of their respective heirs, successors and assigns, that in the event the shared driveway or any part thereof is not maintained to a status sufficient to provide emergency vehicle access, the Town of Ithaca may, but is not obligated to, enforce the obligations of the owners of Lots A, B, C and D to repair or upgrade the status of the shared driveway to a level sufficient to accommodate emergency vehicles as required by this agreement. Any costs of the Town in enforcing this agreement, including any court costs, reasonable expert fees and reasonable attorneys fees, shall be the obligation, jointly and severally, of the owners of Lots A, B, C and D, their heirs, successors and assigns, payable immediately upon demand. 11. This Declaration of Easement may not be changed, amended or modified without the approval of the Town Board of the Town of Ithaca. 12. This agreement shall run with the land and shall bind the owners of Lots A, B, C and D, their hei�&ssors and assigns. David James Mountin I Regis Ca#t er BarVara Alde�r..Quttri Bert E. Gildersleeve 7 r/ % ah Locke Mountin Amy Elizabeth Guptill Ellen Sue Baer 9!:'=f:??= I6; '�- 607273446 LOPINTO PAGE 04 8. Any disagreement as to maintenance of said driveway shall be resolved by arbitration, With the owners taking one position choosing one arbitrator and those taking the other position choosing one arbitrator, and those two arbitrators to choose a third arbitrator, with a decision of at least two of the three arbitrators to be binding on all owners. If any party refuses to choose an arbitrator within ten days after receipt of written demand by the other party for same, the arbitration shall be decided by the single arbitrator chosen by the first party. The cost of arbitration shall be shared equally by the parties. Notwithstanding the foregoing, however, if the Town. of Ithaca determines that the condition of the driveway is such that is not reasonable or it is unsafe for emergency vehicles to utilize satire, the parties shall jointly and severally incur the costs necessary to upgrade the driveway to a point where it can be safely and reasonably used by emergency vehicles. 9. No owner of Lots .A., B, C or D shall construct or allow to be placed any obstruction within the shared driveway system as described above, so as to prevent access to any party's Lot. 10. Subdividers agree, on their own behalf and on behalf of their respective heirs, successors and assigns, that in the event the shared driveway or any part thereof is not maintained to a status sufficient to provide emergency vehicle access, the Town of Ithaca may, but is not obligated to, enforce the obligations of the owners of Lots ,A., B, C and D to repair or upgrade the status of the shared driveway to a level sufficient to accommodate emergency vehicles as required by this agreement. Any costs of the Town in enforcing this agreement, including any court costs, reasonable expert fees and reasonable attorneys fees, shall be the obligation, jointly and severally, of the owners of Lots A, B, C and D, their heirs, successors said assigns, payable immediately upon demand. 11. This Declaration of Easement may not be changed, amended or modified without the approval of the Town Board of the Town of Ithaca. 12. This agreement shall run with the land and shall bind the owners of Lots A, B, C and D, their heirs, successors and assigns. David James Mountin Regis Carver Barbara Alden Guttridge Bert E. Gildersleeve Sarah Locke Mountin Amy lizabeth buptill Ellen Sue Baer LJPPIT� i F"''E Ft� S. Any disagreement as to maintenance of said driveway shall be resolved by arbitration, with the owners taking one position choosing one arbitrator and those taking the other positron choosing one arbitrator, and those two arbitrators to choose a third arbitrator, with a decision of at least two of the three arbitrators to be binding on all owners. If any party refuses to choose an arbitrator within ten days after receipt of written demand by the other party for saine, the arbitration shall be decided by the single arbitrator chosen by the first party. The cost o C arbitration shall be shared equally by the parties. Notwithstanding the foregoing, however, if the Town of Ithaca determines that the eonditton of the driveway is such that is not reasonable or it is unsafe for emergency vehicles to utilize same, the patties shall jointly and severally incur the costs necessary to upgrade the driveway to a point where it can be safely and reasonably used by emergency vehicles. 9. No owner of Tots A. B, C or D shall construct or allow to be placed any obstruction within the shared driveway system as described above:, so as to prevent access to any pally's Lot 10. Subdividers agree, on their own behalf and on behalf of their respective heirs, successors and assigns, that in the event the shared driveway or any Dart thereof is not inattitained to a status sufficient to provide emergency vehicle access, the Town of Ithaca inav, but is not obligated to, enforce the obligations of the owners of Lots A. B, C and D to repair or upgrade the status of the shared driveway to a level sufficient to accommodate ernergetacy vehicles as required by this agreement. Any costs of the Town in enforcing this agreement., including any court costs, reasonable expert fees and reasonable attorneys fees, shall be the obligation, jointly and severally, of the owners of Lets A. B, C and D, their heirs, successors and assigns, payable Munediately upon demand 11. This Declaration of Easement may not be changed, amended or -modified without the approval of the Town Board of the Town of rthaca. 12, This agreement shall run with the land and shall bind the owners of Lots A, B, C and D, their heirs, successors and assigns. navid .Tunes Mountin Regis Csrver fiarbara Aldett Cnittridge Sarah Locke Mowitin Amy Eli7aheth Gruptill ElJen Sue Baer Bert F. Gildersleeve STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On the Aay of August in the year 2005, before me, the undersigned, personally appeared Barbara Alden Guttridge, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: Notary Public EIIEEN M. CUNNINGHAM Notary Public, State of New York No.01CU5029525 Qualified in Cayuga Courty_, � v Commission Expires June 20, O(P `fir On theJ day of August in the year 2005, before me, the undersigned, personally appeared Ellen Sue Baer, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF ) ss: Notary Public EIIEEN M. CUNNINGHAM Notary Public, State of New York No. 01 CU5029525 Qualified in Cayuga CourtY Commission Expires June 20, 1 On the day of August in the year 2005, before me, the undersigned, personally appeared Bert E. Gildersleeve, 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. Notary Public 8/23/05 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On the � day of August in the year 2005, before me, the undersigned, personally appeared David Mountin and Sarah Locke Mountin, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary P U' STEFANIE R. WARNER Notary Public, State of New Yak No. O1 SU5058693 CkWified in Tompkins Commission Expires April 155,0e.� STATE OF NEW YORK ) COUNTY OF ) ss: On the _`'day of August in the year 2005, before me, the undersigned, personally appeared Regis Carver, 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. Al Notary Pul6lic STEFANIE R. WARNER Notary Public, State of New Yak No. O1 SU5058693 Qualified in Tompkins County STATE OF NEW YORK ) Commission Expires April 15, COUNTY OF ) ss: On the day of August in the year 2005, before me, the undersigned, personally appeared Amy Elizabeth Guptill, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public G07273446 LGPINTD PAGE 05 STATE OF NEW YORK ) COUNTY OF ) ss: On the day of ,August in the year 2005, before me, the undersigned, personally appeared Regis Carver, personally I<nown 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, Notary Public STATE OF NEW YORK ) COUNTY OF ) ss: On the � (, day of August in the year 2005, before me, the undersigned, personally appeared Amoy Elizabeth Ouptill, 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 aclQiowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 04 Public Lucinda L. Dumaw Notary Public, State of New f0M Monroe Co u ty Commission Expires E,C' �a; -1, �i3: �'6 F,��,�� �4aE, L=iPII ITi� F'r�raE E�t� STATE OF N-EW YORK ) COLT Tyr" OF TOMPKENvS On the , day of august in the year 2005, before me, the undersigned, personally appeared Barbara Alden Guttridge, personally known to we 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 the that she executed the same in her capacity, and that by her signature on the tnstntnient, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATF OF NEW 'YORK ) �'t)L'I TV OF TOMPKINS ) ss: On the day of August in the year 2005, before me, the undersigned, personally appeared L lien Sue Baer, 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 instnu-nent and acknowledged to me that she executed the same in her capacity, and that by her signature on the tnstrumcnt, the individual, or the person, upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW PORK ) COi "NTY OQc" ) ss: On thd'' day of August in the year 2005, before me, the undersigned, personatly appeared Bert E, Gildersleeve, personally known to me or proved to tale on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to rune that he executed the same in his capacity, and that by his signature on the instnurtent, the individual, or the person upon behalf of which the individual acted, executed the mstr�unent. `ary Public S'� 3;'0.5 DONNA M. PFIFFER Notary Public, State of Nev York Chemung County No, Ui P U-488 Commission Expires Feb. 5, '�U(