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Home My WebLink About490324-003Aurora 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. 490324 DATE: 05/11 /2006 Time 11:18 AM Document Type: EASEMENT/LEASE Parties To Transaction: NGATE Deed Information Consideration- $0.00 Transfer Tax: $0.00 RETT No: 02283 INSTRUMENT NUMBER *490324-003* Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF 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 11111111111111111111111111111111111111111111111111111111111 Ffl i ECE VF[) /T1J EASEMENT AGREEMENT t.K 05 MAY I I AM It: 19 THIS AGREEMENT, made this loth day of May, 2006, by and between JONATHAN NGATE of 1518 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 ,N SCHEDULE A JONATHAN NGATE 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 103.32 feet to a point; running thence southwesterly a distance of 62.24 feet to a point; running thence northwesterly a distance of 103.32 feet to a point; running thence northeasterly a distance of 62.24 feet to the point or place of beginning. Being a 0.142-acre parcel of land in the Northeast corner of the Ngate property in the Town of Ithaca, Tompkins County, New York, and being a portion of Town of Ithaca Tax Parcel 56-3-3. PARK LANE 57-1-B4CAN-NE R - BK 735 PG 105 i3 PARK -1-841 \ MARTIN (R 0) PG 446 I I P S \ 1 PARK f/1NC S ,. Off? TO Or BK4473TNP935 DJ `\ BK62 836 s ` TUDOR PARK ,D9 PARK LANE 57-1-839 THOMPSON (RO) 0� E , g.�2Ory BK 641 PG 31C 707 PARK LANAE„7, `\ i PATH EASEMENT TO BE GRANTED TO THE e 2,� �s•. TOWN OF ITHACA BY EWING ARE4=0.228 ACRES TRUE NORTH EASEMENT TO BE \ mks' \ GRANTED TO THE `�'� ��\� TOWN OF ITHACA \7�. - J 1 / BY NGATE �A �� \ �b� � 1141 AREA=0.142 ACRES 1520 SIr1MPILLor 1?D / \ ` 56-3-3 NGATE (R 0) / BK 573 PG 99 '516 SIATERVILLE RO \ LEGEND \\ \ wow Prot OLM wow FUL Pw r/ A COM PUTED POLAR, NORYNG SFT rc IRON Pw s[T wTN r.Av � 57-1 COLL „ \ CODE (R O) \ A BK 143 PG 10 t \ 1 ', PINE TREE Rp \ \ 56-3-2 DENMAN (R 0 ) BK599 PG 1751 I515 SLATERVILLE RO MAP REFERENCES. 1) DIVISION OF LANDS AT THE NORTHEAST CORNER OF N.Y.S. RTE 79 AND PINE TREE ROAD DATED DEC 1983 9Y GEORGE SCHLECHT \ / ORD (R 0 ) 2) SURVEY FOR NANCY T. HEWER DATED MARCH, 1992 BY GEORGE C. SCHLECHT. \ 56-3-,t \ MCC BK 451 PG 440 ^ ,514 SLATERVILLE RO \ NTAL ( 2 \ ANTAL (R O) BI( 691 PG ] 37 15\\�'\% 11 SLATERVILLE RO CERTIFICATION I hereby certify to 7oWu of 7TNAc-d. that I am a licensed land surveyor, New York State License No.050096, and that this map correctly delineates an actual survey on the ground made by me or under my direct supervision; that it was prepared in accordance with the current code of practice for land title surveys adopted by the New York Association of Professional Land Surveyors; and that I found no visible encroachments either way across property lines except as shown hereon. SIGNED: Q L DATED: 010200 ( TITLE: EASEMENT MAP FOR PROPOSED T. G. MILLER P.C. ' P._' /'/' " BIKE X.4 ENGINEERS AND SURVEYORS TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK 203 NORTH AURORA STREET P.O. e0x 777 much NEW YORK 14051 DA4/23/2001 so1009 SCALE: 1 w=100, K1010011ft WP = =WiAUL73A m MM XL MON NE Yre roll lei Wf smee OMIS ono" w° s M sw. W ne ussm LAW www weE aan9us � eem,_ 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 bee duly executed by�tl!ie Grantor as of the day and year first above written.-�� Jonathan Ngate, TOWN OF ITHACA, Grantee r � By: Catherine Valentino, Town Supervisor STATE OF NEW YORK :ss.. COUNTY OF TOMPKINS On the t— day of May in the year _2006 before me, the undersigned, personally appeared Jonathan N atg e _ 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. No ary Public CARRIE WHITMORE STATE OF NEW YORK Notary Public, State of New York No. 01 WH6052877 :ss.: Tioga County $ COUNTY OF TOMPKINS : Commission Expires December 26 On the _5_ 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 Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County L4�9 Commission Expires December 26,