HomeMy WebLinkAbout490324-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax- 607-274-5445
No. of Pages 4
Receipt No 490324
DATE: 05/11 /2006
Time 11:18 AM
Document Type: EASEMENT/LEASE
Parties To Transaction: EWING
Deed Information
Consideration: $0.00
Transfer Tax- $0.00
RETT No: 02282
INSTRUMENT NUMBER
*490324-001 *
Delivered By: ITHACA, TOWN OF
Return To:
ITHACA, TOWN OF
Mort -gage 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
1111111111111111111111111111111111111111111111111111111
ii CCI`dr0/FILED
EASEMENT AGREEMENT TOMPI,{;'dS , 7; w y CI [ftti
THIS AGREEMENT, made this 5th day of May, 2006, by anNUME]AARR 19
E. & MARILYN EWING of 1520 Slaterville Road, Ithaca, New York, 14850, hereinafter
called the "Grantor", and the TOWN OF ITHACA, a municipal corporation in the
County of Tompkins, State of New York, whose principal office at 215 North Tioga
Street, Ithaca, New York, 14850, hereinafter called "Grantee" or "Town", its successors
and assigns,
WITNESSETH
WHEREAS, the Town is desirous of creating, constructing, developing, and
maintaining a walkway for use by pedestrians, bicyclists, and other recreational uses
(hereinafter called the "Walkway"); and
WHEREAS, Grantor is the owner and has an interest in real property in said
Town over which said walkway is intended to be located; and
WHEREAS, the Grantor is willing to convey to the Town an easement for the
purposes of constructing and maintaining the Walkway;
NOW, THEREFORE, in consideration of the mutual promises contained herein
and in consideration of the benefits to accrue both community wide and to said Grantor
as a result of the creation and maintenance of said Walkway, and in further consideration
of the covenants herein contained and other good and sufficient consideration, receipt
whereof is hereby acknowledged, Grantor does hereby grant and convey to said Town, its
successors and assigns forever, a permanent right of way to enter upon, construct,
operate, maintain, repair, and replace a walkway and appurtenances across or upon the
lands of the Grantor in said Town, said easement to be substantially as shown on the
attached map titled "Easement Map for proposed Pew Bikeway" as the same may be
further described on Schedule A. Said Walkway may be used by the Town and the
general public for recreational and other municipal purposes.
The granting of the easement by this instrument is subject to the following terms
and conditions:
1. Grantor reserves the underlying fee title to said property covered by said
easement, subject to the rights and privileges herein granted to the Town.
2. Whenever any work is done within the above described easement on the
Grantor's premises, the Town, at no expense to the owner of such premises, will remove
all debris and will restore the land surrounding the Walkway to substantially the same
condition it was in before any such work was done. If any damage is caused to the
Grantor's property or if such property has not been properly restored by the Town, the
SCHEDULE A
ELMER E. & MARILYN EWING
ALL THAT TRACT OR PARCEL OF LAND shown on the attached map and
generally described as follows:
COMMENCING at a point in the northern most corner of the Grantor's property,
running thence southeasterly a distance of 172.72 feet to a point; running thence
southwesterly a distance of 60.03 feet to a point; running thence northwesterly a distance
of 158.19 feet; running thence northeasterly a distance of 62.24 feet to the point or place
of beginning.
Being a 0.228-acre parcel of land in the Northeast corner of the Ewing property in
the Town of Ithaca, Tompkins County, New York, and being a portion of Town of Ithaca
Tax Parcel 56-3-4.
Grantor shall give prompt and due notice in writing to the Town at the Town of Ithaca
offices at 215 North Tioga Street, Ithaca, New York, immediately following any such
damage or failure to restore the property. Notwithstanding the foregoing, nothing shall
prevent the Town from installing a walkway, planting vegetation within the easement
area, excavating or modifying the terrain within the easement area, and making
modifications and changes to the property over which the Walkway itself actually passes
without being obliged to restore such property to the prior condition.
3. Grantor warrants that Grantor has title to the property over which an
easement is being given by this instrument, free and clear of all liens and encumbrances
of any nature whatsoever unless specifically set forth in this agreement.
4. This instrument shall bind the parties hereto, their distributes, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor
as of the day and year first above written.
Elmer E. Ewing, Grantor
M ilyn EwJfig, Grantor
TOWN OF ITHACA, Grantee
Catherine Valentino, Town Supervisor
STATE OF NEW YORK
:ss..
COUNTY OF TOMPKINS
On the day of May in the year _2006_ before me, the undersigned,
personally appeared Elmer E. Ewiny, 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Danl L. Holfwd
Notary Public, State Of Now Yofk
No.01HO6052879
Seneca County
My Commission Expires Dec. 26,
STATE OF NEW YORK
ss..
COUNTY OF TOMPKINS :
E -- -- -140
On the '�_ day of May_ in the year 2006 before me, the undersigned,
personally appeared Marilyn Ewing_ 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
n
tary Public
CARRIE WHITMORE
STATE OF NEW YORK Notary P bolwH6e oNew
7 York
:ss.: Tioga County �U`C
COUNTY OF TOMPKINS Commission Expires December 2
On the' day of May_ in the year 2006 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 signatures(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Notary Pub is
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Tioga County (I'll - 0
Commission Expires December ,26,