HomeMy WebLinkAbout502748-014Aurora 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. 502748
DATE: 01 / 17/2 007
Time: 10:57 AM
Document Type: EASEMENT/LEASE
Parties To Transaction: CONIFER REALTY
Deed Information
Instrument Number
*502748-014*
Delivered By: MONROE - TOMPKINS - WATKIN
Return To:
ENV
Mortgage Information
Consideration: $0.00 Mortgage Amount
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 01543 Special Mtge. Tax:
County Transfer Tax: $0.00 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
a"'O' e r'L-x--
111111111111111111111111111111111111111111111111111111111111
ACCESS EASEMENT
BENEFITING THE TOWN OF ITHACA
This Access Easement Benefiting the Town of Ithaca is made this ( day of
January, 2007 by and between Conifer Realty, LLC ("Conifer Realty"), a New York
limited liability company with a business address of 183 East Main Street, Et" Floor,
Rochester, New York 14604, and the Town of Ithaca (the "Town"), a municipal
corporation of the State of New York, having an address of 215 North Tioga Street,
Ithaca, New York 14850 and executed by Linderman Creek II Associates, LLC
("Linderman II"), a New York limited liability company with a business address of 183
East Main Street, 6f Floor, Rochester, New York 14604, for purposes of terminating a
prior easement only.
WITNESSETH:
Conifer owns adjacent parcels of property known as tax parcels 27-01-13.12 and 27-01-
13.162 in the Town of Ithaca, Tompkins County, New York Town of Ithaca, Tompkins
County, New York (the "Property");
Conifer has previously given to the Town and Linderman II, rights of access and other
easements, as memorialized in an Access Easement from Conifer to the Town dated
October 16, 2000 and recorded in the Tompkins County Clerk's Office on February 28,
2001 in Liber 898, Page 119 (the "Town Easement") and Northern Lands Access
Easement between Conifer, the Town and Linderman II dated May 8, 2002 and
recorded in the Tompkins County Clerk's Office on May 8, 2002 in Liber CD2506, Page
4451 (the "Northern Lands Easement") (together, the Town Easement and the Northern
Lands Easement are referred to as the "Original Easements");
A portion of the Property has been conveyed to the Town as a public right of way and a
portion of the Property will be conveyed to another entity for development purposes.
As a result of these conveyances, the access previously granted to the Town needs to be
modified and the access and other easements previously granted to Linderman II can be
terminated;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties agree as follows:
1. TERMINATION OF ORIGINAL EASEMENTS. The parties hereby terminate
the Original Easements and as of this date, the Original Easements are null and void.
Linderman II executes this agreement only for purposes of terminating the Northern
Lands Easement.
2. ACCESS EASEMENT. Conifer hereby grants and conveys to the Town, for the
benefit of the Town, its guests and invitees, a perpetual, non-exclusive easement and
right of way for vehicular and pedestrian ingress and egress and passageway upon,
over and across that portion of the Property described in more detail in Exhibit A,
attached hereto and made a part hereof (the "Easement").
3. SUCCESSORS AND ASSIGNS. This Agreement shall run with the land and
shall be binding on and inure to the benefit of the heirs, successors and assigns of the
parties hereto.
4. AMENDMENTS. The provisions of this Agreement may not be modified,
rescinded or amended except by written consent, duly executed and acknowledged by
the parties hereto or their successors and assigns.
5. INVALIDITY OF CERTAIN PROVISIONS. The invalidity of any portion of
this Agreement or any of the provisions hereof by judicial decision or otherwise shall
not affect the remaining provisions hereof which shall remain in full force and effect.
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above
first written.
Conif,
By:
Town of Ith'a-caa
By:
Name: C -1-fii -/? i N L VA LL Nr) Nv
Title:
FOR PURPOSES OF TERMINATING THE NORTHERN LANDS EASEMENT ONLY:
Linderman II Associates, LLC
By: C fifer Ree�LLC
1011f
President
State of New York )
County of Monroe ) ss.:
On the day of January in the year 2007 before me, the undersigned, personally
appeared Timothy D. Fournier 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.
V OLIk 1,
r
Llyi &-
Notary Public MARLENE E. BESWICK
Notary Public, State of New York
No. 01 BE6062083
Qualified in Ontario County
Commission Expires 07/30/20
State of New York )
County of Tompkins ) ss.:
On the ,fih' day of January in the year 2007 before me, the undersigned, personally
appeared j2#X0/4r f/.7.iuy_ 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.
otary Public Wf K. KROGH
Qu pofia.1 Public, State of Nim York
icy commissionpEO�es June 86,�,�0
Exhibit A
LEGAL DESCRIPTION
Town Access Easement from Conifer Realty, LLC
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follow:
Commencing at the intersection of the division line between the lands now or
formerly of Linderman Creek II Associates, LLC as described in Book CD2506 of
Deeds at Page 4429 on the west and the lands now or formerly of Conifer Realty,
LLC as described in Book CD2506 of Deeds at Page 4421 on the east with the
northerly margin of N.Y.S. Route 79 (Enfield Center - Ithaca Road, S.H. No.
1001); thence North 14 deg. 54 min. 53 sec. East along said division line, a
distance of 397.00 feet to a point; thence North 13 deg. 04 min. 40 sec. East a
distance of 501.60 feet to a point on the northerly line of a proposed 80 foot road
ROW; thence North 89 deg. 37 min. 15 sec. East along the said line of the
proposed 80 foot road ROW, a distance of 28.44 feet to the POINT OF
BEGINNING; thence through the said lands of Conifer Realty, LLC the following
two (2) courses and distances: 1) North 12 deg. 15 min. 25 sec. East a distance
of 884.11 feet to a point; and 2) North 76 deg. 55 min. 20 sec. West a distance
of 15.00 feet to a point on the division line between the said lands of Conifer
Realty, LLC on the east and the lands now or formerly of Conifer Realty, LLC as
described in Book CD2506 of Deeds at Page 4414 on the west; thence along the
said division line, the following two (2) courses and distances: 1) North 13 deg.
04 min. 40 sec. East a distance of 169.75 feet to a point; and 2) North 14 deg.
54 min. 53 sec. East a distance of 200.00 feet to a point on the division line
between the said lands of Conifer Realty, LLC (2506/4421) on the south and the
lands now or formerly of Richard & Mary Louise Perry as described in Book 498
of Deeds at Page 1028 on the north; thence South 75 deg. 05 min. 07 sec. East
along said division line, a distance of 60.00 feet to a point on the division line
between the said lands of Conifer Realty, LLC (2506/4421) on the west and the
lands now or formerly of Town of Ithaca as described in Book 898 of Deeds at
Page 117 on the east; thence along the said division line, the following two (2)
courses and distance: 1) South 14 deg. 54 min. 53 sec. West a distance of
199.04 feet to a point; and 2) South 13 deg. 04 min. 40 sec. West a distance of
168.79 feet to a point; thence through the said lands of Conifer Realty, LLC
(2506/4421), the following two (2) courses and distances: 1) North 76 deg. 55
min. 20 sec. West a distance of 15.00 feet to a point; and 2) South 12 deg. 15
min. 25 sec. West a distance of 996.79 feet to a point of the said easterly line of
a proposed 80 foot road ROW; thence along said line of a proposed 80 foot road
ROW, the following four (4) courses and distances: 1) northerly along a curve to
the left having a radius of 1305.67 feet, length of 1.60 feet and chord of North 02
deg. 51 min. 58 sec. West, 1.60 feet to a point; thence 2) North 03 deg. 24 min.
19 sec. West a distance of 36.23 feet to a point of curvature; thence 3) northerly
along a curve to the right having a radius of 1272.33 feet, length of 79.21 feet
and chord of North 02 deg. 10 min. 03 sec. West, 79.19 feet to a point; and 4)
South 89 deg. 37 min. 15 sec. West a distance of 0.08 feet to the point of
beginning. Containing 1.157 acre of lands, more or less.
Being a portion of lands conveyed by Home Properties Resident Services, Inc.
to Conifer Realty, LLC by Warranty Deed dated May 8, 2002 and recorded in the
Tompkins County Clerk's Office in Book CD2506 of Deeds at Page 4421.
Prepared by C.T. Male Associates, P.C.
CTM Project No.: 01.4028
Dated January 30, 2006
Revised December 8, 2006
File: TownAccess Con Rea ILLC.doc