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Home My WebLink About481367-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax- 607-274-5445 INSTRUMENT NUMBER *481367-001* No of Pages: 3 Delivered By: BARNEY GROSSMAN DUBOW N Receipt No. 481367 Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 DATE 10/28/2005 119 EAST SENECA STREET ITHACA, NY 14850 Time: 04:13 PM Document Type: EASEMENT/LEASE Parties To Transaction: ITHACA/LUCENTE ET AL Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mortgage Information Mortgage Amount Basic Mtge. Tax: RETT No 00826 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 R1111111111111111111111111111111111111111111111111111111111 ENCROACHMENT LICENSE AGREEMENT made as of the 1st day of August, 2005 by and between the TOWN OF ITHACA a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York, hereinafter referred to as the "Town" and STEPHEN LUCENTE of 110 Willow Creek Point Road, Trumansburg, New York 14886, hereinafter referred to as "Seller" and DIANSHENG DONG AND LING XU of 12 Sanctuary Drive, Ithaca, New York 14850, hereinafter referred to as "Buyer". WHEREAS, Buyer 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 12 Sanctuary Drive, Ithaca, New York, as more particularly described in a deed to Buyer from Seller dated July 29, 2005, and recorded in the Tompkins County Clerk's Office on August 2, 2005, as Instrument No. 476786-001 (the "Premises"); and WHEREAS, the Town was granted an easement by Rocco P. Lucente dated June 15, 1965, recorded in the Tompkins County Clerk's Office on December 1, 1965, in Liber 460 of Deeds at Page 375 for the construction and maintenance of a sanitary sewer improvement (the "Easement"); and WHEREAS, a portion of the house on the Premises encroaches up to approximately 13 feet into the area covered by the Easement, as shown on a survey of the premises entitled "Survey Map 12 Sanctuary Drive Town of Ithaca County of Tompkins State of New York" dated July 1, 2005, by Lawrence P. Fabbrom, which survey is annexed hereto. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($1.00) by Buyer and Seller 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, Buyer 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 Buyer's sole expense upon no less than one year's prior written notice from the Town. 3. This Agreement shall terminate when and if said encroaching building shall no longer 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. After such termination, Buyer shall not cause any building which may be erected or maintained on said premises to encroach onto the Easement area. 4. Notwithstanding the foregoing, and in addition thereto, it is hereby acknowledged, understood and agreed that in the case of emergency or other similar circumstances dictating immediate action (including those circumstances under which the Town is unable to provide the one year notice provided for above in Paragraph "2"), the Town may enter upon the Easement area, remove all or any part of the encroachment as the Town in its sole discretion deems necessary or appropriate to respond to such emergency or other circumstance, and/or take any other action permitted under the Easement, the costs thereof and any additional related expenses to be borne solely by the Buyer. The Town will use its reasonable best efforts to provide prior notice of its intent to exercise such emergency rights and to permit Buyer to remove the encroachment to the extent the Town determines is necessary or appropriate. If such prior notice is not given, the Town will use its reasonable best efforts to provide notice as soon as possible after it exercises its emergency rights hereunder. Under any and all circumstances, and notwithstanding anything to the contrary herein, the failure to provide either of the foregoing notices shall not be deemed to be a breach of this Agreement by the Town and the Town shall have no liability related thereto. In the event that the Town exercises its emergency rights as set forth above, Buyer shall not be permitted to replace the encroachment without the prior written consent of the Town. 5. Buyer agrees to save the Town harmless from any loss, injury or damage arising out of the use of the Easement area by Buyer or from any negligence or fault of said Buyer, Buyer's servants or agents in connection with any activities impacting the Easement area. Buyer 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 the building encroaching on the Easement area or the exercise of any rights of the Town under this Agreement. 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 including the successors in ownership of the Premises. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Stephen-LucoAte, Seller Dians ng Dong, Buy STATE OF NEW YORK ) ss.: COUNTY OF TOMPKINS ) TOWN OF ITHACA BY: Catherine Valentino, Supervisor �y Z ' Ling Xu, Buyer On the _ s� day of A4gtts+ 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, executed the instrument. /' n //, STATE OF NEW YORK COUNTY OF TOMPKINS Notary Publ c gtEARNEY Nc Quafif No Q2B 6E ate of Tefm In T A07 '85 w YOU Expires Sep �nber o�2pti L ss.: Public Jr"' "" r. Rn,RNEY Not,—, e of New Y- "k 0166985 01 mpkins Cc - Term S6,ptember 30, 4u — On the S day of August in the year 2005 before me, the undersigned, personally appeared Stephen Lucente 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, executed the instrument. Notary Public DAVID A. TYLER STATE OF NEW YORK ) Notary Public, State of New York No. 4633353 ss.: Qualified in Tompkins County COUNTY OF TOMPKINS ) Commission Expires Sept 30, 20-ff2-- �01�m- On the ]rJ day of t in the year 2005 before me, the undersigned, personally appeared Diansheng Dong and Ling Xu 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, executed the instrument. Notary Public 14 3045\029\encroachment 8-2-05 wpd WILLIAM 0. CRANE Notary Public, State of New York CCummisswn�Exp es Feb. 3, 20 S2-