HomeMy WebLinkAbout502748-017Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax:(607) 274-5445
No. of Pages: 6
Receipt No. 502748
DATE: 01 /17/2007
Time: 11:05 AM
Document Type: EASEMENT/LEASE
Delivered By
Return To:
ENV
Instrument Number
*502748-017*
MONROE - TOMPKINS - WATKIN
Parties To Transaction: ITHACA SENIOR LIVING & CONIFER VILL
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
RETT No: 01546 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
e tP'L—x--
I IIIIII IIIII IIIII 111111111111111111111111111111111111111 IIII
RIGHT-OF-WAY AND EASEMENT
N
THIS INDENTURE is made this ITday of January, 2007, by and between
ITHACA SENIOR LIVING, LLC, a New York limited liability company with offices
at 183 East Main Street, 6th Floor, Rochester, New York 14604, CONIFER VILLAGE
ITHACA HOUSING DEVELOPMENT FUND CORP., a New York not -for -profit
corporation with offices at 950 Danby Street, Suite 102, Ithaca, New York 14850 and
CONIFER REALTY, LLC, a New York limited liability company with offices at 183
East Main Street, 6th Floor, Rochester, New York 14604 (together, the "Grantor") and
the TOWN OF ITHACA, an incorporated municipality of the state of New York,
with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town").
WITNESSETH: That the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration paid by the Town, the receipt
and sufficiency of which are hereby acknowledged by the Grantor and the Town,
does hereby grant and release unto the Town, its successors and assigns forever, a
RIGHT-OF-WAY and EASEMENT to lay, construct and operate, to make
observations of, inspect, maintain, alter, repair, remove, replace or, with the consent
of Grantor, which shall not be unreasonably withheld, change the size of drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other
and related appurtenances and devices, together with the rights of free ingress
and egress in, over, upon and under the below -described parcels of land, such
parcels being the areas of the permanent easements and rights -of -way, and
including the right to trim and/or remove obstructing trees, shrubs and other
obstructions on said parcels of land situate in the Town of Ithaca, County of
Tompkins and State of New York,
all as more particularly bounded and described as follows:
See Exhibit A attached hereto and made a part hereof.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures shall be constructed within the aforesaid right-of-way and
permanent easement which will in any way interfere with complete access by the
Town, its successors, assigns, employees and agents to lay, construct and operate,
to make observations of, inspect, maintain, alter, repair, remove, replace or change
the size of any drainage, stormwater and/or sediment control facilities, including
ditches, ponds, and other and related appurtenances.
AND, Grantor further covenants and agrees:
1. Grantor, for himself and all of his successors and assigns, covenants and
agrees that no buildings or structures shall be constructed within the aforesaid
07/13/06 1
right-of-way and permanent easement which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to lay,
construct, operate, make observations of, inspect, maintain, alter, repair, remove,
replace or change the size of any drainage, stormwater and/or sediment control
facilities, including ditches, ponds, and other and related appurtenances.
2. Grantor, for himself and all of his successors and assigns, covenants and
agrees that no trees or other plants will be planted or cultivated that may
interfere with the said easement and right-of-way.
3. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will not permit or conduct any mining, excavation, construction or
blasting within said easement and right-of-way.
4. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will not engage in any conduct, directly or indirectly, that blocks,
obstructs, or interferes with the ingress and egress rights of the Town, its
successors, assigns, employees and agents.
5. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will place the following provision in all conveyances of the
property or portions thereof covered by this easement, or any rights therein:
"Being the purpose of the said drainage easement and right -of way
to convey rights to the Town of Ithaca for drainage, storm sewer,
sediment control and stormwater management purposes, including
the conveyance of rights to said Town to lay, construct, operate,
make observations of, inspect, maintain, alter, repair, remove, replace
or change the size of drainage, stormwater and/or sediment control
facilities, including ditches, ponds, and other and related
appurtenances and devices, together with the rights of free ingress
and egress in, over, upon and under the below -described
permanent easement and right-of-way, and including the right to
trim and/or remove trees, shrubs and other obstructions: all of which
rights are (1) set forth in a permanent easement and right-of-way
granted to the Town, the terms, obligations and conditions of which
are expressly incorporated herein and (2) assignable by the said
Town to any successor Drainage District now existing or hereafter
to be formed, or, with the consent of Grantee, which shall not be
unreasonably withheld, to any other assign of the Town.."
6. The Town agrees that at all times when it enters the premises of the
Grantor for any purpose related to the easements as granted by this
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instrument, to leave the Grantor's premises in a neat and presentable
condition, returning the premises as nearly as practicable to its condition
before such entry. Notwithstanding the foregoing, the parties agree that if
the Town enters the premises for purposes of performing work that the
Grantor failed to perform, work that is necessitated by Grantor's violation
of any written agreements with the Town, or work necessitated by an
emergency situation, the Town may perform the work without having the
obligation to return the premises to the condition it was in prior to such
entry.
AND FURTHER, Grantor and the Town acknowledge that the easement and
rights -of -way hereby granted are fully assignable by the Town, without
prejudice or recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day
and year first above written.
IN PRESENCE OF:
iffill-l'U. wu =I
ITHACA SE R LIVING, LLC
By: Coni]YRealty, LLC, its
Co rollide-Manaeine Member
By;
Fournier, President
CONIFER VILLAGE ITHACA HOUSING
DEVELOPME T F C
By:
hn Spence, Secre
,LLC
Timo*v V). Fournier, President
07/13ro6 3
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.
Notary Public MARLENE E. BESWICK
Notary Public, State of New York
No. 01 BE6062083
STATE OF NEW YORK } Qualified in Ontario CountyJa
COUNTY OF TOMPKINS } ss: Commission Expires 07/30/20 V A
On the day of January, in the year 2007, before me, the undersigned, personally
appeared John Spence, 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
ROBERT E. HUNT
Notary Public, State of New York
No. 01 HU6080305
Qualified in Tompkins County
Commission Expires Sept, 9, 20 Lo
07/13/06 4
Exhibit A
LEGAL DESCRIPTION
Drainage Basin #1 Easement
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 along said
division line the following two (2) courses and distances: 1) North 14 deg. 54 min. 53
sec. East a distance of 397.00 feet to a point; thence 2) South 75 deg. 05 min. 07 sec. East
a distance of 19.47 feet to a point; thence through the said lands of Linderman Creek II
Associates, LLC, the following two (2) courses and distances: 1) North 13 deg. 59 min.
37 sec. East a distance of 138.44 feet to a point of curvature; and 2) along a curve to the
left having a radius of 9,868.15 feet, length of 70.16 feet and chord of North 09 deg. 36
min. 27 sec. East, 70.16 feet to a point being in the center of Linderman Creek, said point
also being the division line between the said lands of Linderman Creek II Associates,
LLC on the south and the said lands of Conifer Realty, LLC on the north; thence
northerly through the said lands of Conifer Realty, LLC and the lands now or formerly of
Conifer Realty, LLC as described in Book CD2506 of Deeds at Page 4414, along a curve
to the left having a radius of 1225.67 feet, length of 31.50 feet and chord of North 04 deg.
21 min. 40 sec. East, 31.50 feet to the Point of Beginning; thence through the said lands
of Conifer Realty, LLC the following five (5) courses and distances: 1) North 66 deg. 26
min. 08 sec. West a distance of 57.17 feet to a point; thence 2) North 38 deg. 45 min. 47
sec. West a distance of 84.50 feet to a point; 3) North 28 deg. 49 min. 06 sec. East a
distance of 79.29 feet to a point; thence 4) South 71 deg. 49 min. 09 sec. East a distance
of 71.73 feet to a point; and 5) southerly along a curve to the right having a radius of
1225.67 feet, length of 135.91 feet and chord of South 00 deg. 26 min. 54 sec. West,
135.84 feet to a point of beginning, containing 0.259 acre, more or less.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty, LLC
by Executor's Deed dated May 8, 2002 and recorded in the Tompkins County Clerk's
Office in Book CD2506 of Deeds at Page 4414 and 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.
LEGAL DESCRIPTION
Drainage Basin #2 Easement
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:
07/ 13/06 5
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 along said division line the following two (2) courses and
distances: 1) North 14 deg. 54 min. 53 sec. East a distance of 397.00 feet to a point; thence 2)
South 75 deg. 05 min. 07 sec. East a distance of 19.47 feet to a point; thence through the said
lands of Linderman Creek I1 Associates, LLC the following two (2) courses and distances: 1)
North 13 deg. 59 min. 37 sec. East a distance of 138.44 feet to a point of curvature; and 2) along
a curve to the left having a radius of 9,868.15 feet, length of 70.16 feet and chord of North 09
deg. 36 min. 27 sec. East, 70.16 feet to a point in the center of Linderman Creek; thence westerly
along said center of Linderman Creek and the division line between the said lands of Linderman
Creek 11 Associates, LLC on the south and the lands now or formerly of Conifer Realty, LLC as
described in Book CD2506 of Deeds at Page 4421 and the lands now or formerly of Conifer
Realty, LLC as described in Book CD2506 of Deeds at Page 4414, in part by each, on the north,
as it winds and turns about 685 feet to a point, said point being North 66 deg. 48 min. 18 sec.
West a distance of 672.99 feet from the termination of the last described course; thence through
the said lands of Conifer Realty, LLC the following five (5) courses and distances: 1) North 15
deg. 00 min. 20 sec. East a distance of 498.47 feet to a point of curvature; thence 2) northerly
along a curve to the right having a radius of 300.00 feet, length of 99.61 feet and chord of North
24 deg. 31 min. 03 sec. East, 99.15 feet to a point of curvature; thence 3) easterly along a curve to
the right having a radius of 370.00 feet, length of 150.64 feet and chord of South 59 deg. 47 min.
32 sec. East, 149.60 feet to a point; thence 4) South 75 deg. 14 min. 17 sec. East a distance of
254.04 feet to the POINT OF BEGINNING; ; thence continuing through the said lands of
Conifer Realty, LLC (CD2506/4421) & (CD2506/4414) the following three (3) courses and
distances: 1) South 75 deg. 14 min. 17 sec. East a distance of 234.46 feet to a point; thence 2)
South 12 deg. 15 min. 25 sec. West a distance of 30.03 feet to a point; thence 3) North 75 deg. 14
min. 17 sec. West a distance of 23.01 feet to a point on the division line between the said lands of
Conifer Realty, LLC (CD2506/4421) on the east and the said lands of Conifer Realty, LLC
(CD2506/4414) on the west; thence South 13 deg. 04 min. 40 sec. West along said division line, a
distance of 135.17 feet to a point; thence through the said lands of Conifer Realty, LLC
(CD2506/4414) the following two (2) courses and distances: thence 1) North 80 deg. 39 min. 15
sec. West a distance of 83.10 feet to a point; and 2) North 23 deg. 00 min. 24 sec. West a distance
of 218.80 feet to the point of beginning, containing 0.594 acres, more or less.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty, LLC by
Executor's Deed dated May 8, 2002 and recorded in the Tompkins County Clerk's Office in
Book CD2506 of Deeds at Page 4414 and 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 November 20, 2006
Revised Jan. 4, 2007
File: Drainage Basin2.doc
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