The URL can be used to link to this page

Home My WebLink About502824-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 3 Receipt No. 502824 DATE: 01 /18/2007 Time: 09:45 AM Document Type: EASEMENT/LEASE Instrument Number *502824-001* Delivered By: WESTVIEW PARTNERS LLC Return To: THALER & THALER Parties To Transaction: WESTVIEW PARTNERS TO T/ITH Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mortgage Information Mortgage Amount Basic Mtge. Tax: RETT No: 01473 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 Tompkins County Clerk I IIIIII IIIII IIIII IIIII IIIII IIIII1111IIIIII IIIII IIIII IIII IIII RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made this 1� 1,th day of , 2007, by and between WESTVIEW PARTNERS, LLC, of 217 Buttermilk Lane, Ithaca, New York 14850 ("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, operate, maintain, alter, repair, remove, replace, and/or change the size of drainage, stormwater and sediment control ditches, weirs, underdrains, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below -described lots, tracts, parcels and gores of land, such lands being the areas of the permanent easements and rights -of -way herein and hereby granted perpetually to the Town, and including the right to trim and/or remove trees, shrubs and other obstructions upon said lands situate in the Town of Ithaca, County of Tompkins and State of New York, all as a more particularly bounded and described as follows: ALL THOSE LOTS, TRACTS, PARCELS AND GORES OF LAND located within a subdivision commonly known and described as the Westview Subdivision, as shown on a Final Subdivision Plat entitled "FINAL SUBDIVISION MAP, WESTVIEW SUBDIVISION, LOCATED ON DANBY ROAD AND SCHICKEL ROAD, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" as drawn by Lee Dresser (L.S. # 050096) of T.G. Miller P.C., as dated November 15, 2004 (the "Subdivision Map"), but limited to each part of each lot, tract, parcel and gore of land upon which is situate swales, weirs, underdrains, ditches and related stormwater appurtenances and facilities, and 10' on each side of each such swale, weir, underdrain, ditch and related stormwater appurtenance and facility, as the same are shown upon a certain map entitled "WESTVIEW PLAN, ROADS WALKS DRAINAGE, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" as drawn and/or sealed by Philip Erik Whitney, P.E. (NYSPE # 077937), and dated July, 2004, as last amended November 2004 (the "Drainage Map"), said Drainage Map being sheet number RWD1, part of the final approved Subdivision Plat Maps for the Westview Subdivision. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures shall be constructed within the aforesaid areas of the rights - of -way and permanent easements which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to lay, construct, operate, maintain, alter, repair, remove, replace or change the size of any drainage, stormwater and sediment control ditch, swale, weir, underdrain, and/or 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 building or structures shall be constructed or placed within the aforesaid right-of-way. 1 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 property, or any rights therein, of any land in the Westview Subdivision when describing this Easement and Right -of -Way: "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, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and sediment control ditches, swales, weirs, underdrains, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the said 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 or assign, or to any Drainage District now existing or hereafter to be formed. 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. AND FURTHER, Grantor does hereby expressly covenant and agree, for itself and all of its successors and assigns, that it will at all times maintain such swales, weirs, underdrains, ditches, and related stormwater appurtenances and facilities in such condition as is necessary to comply with the State of New York's and the Town's stormwater laws and requirements, and further, that it will maintain and, if necessary, improve such stormwater and drainage facilities in such manner and condition as is necessary to adequately prevent flooding, the ponding and pooling of water, and sedimentary runoff. AND FURTHER, Grantor does hereby expressly covenant and agree, for itself and all of its successors and assigns, that should it, or any of its successors or assigns, fail to adequately maintain and/or improve such stormwater and drainage facilities as herein required, in the sole and reasonable judgment of the Town, without recourse, the Town may, but is not obligated to, enter upon such lands and effect such maintenance, repairs and/or improvements as the Town deems necessary, with the costs and expenses thereof (including, but not limited to, attorneys' and engineers' fees, whether or not claim or suit be brought) to be charged back against the Grantor, or its successors and assigns, with the costs 0A and expenses of such maintenance, repairs and/or improvements to be charged per lot and apportioned per lot, as reasonably determined by the Town in its sole discretion, without recourse. In the event any such cost or expense is so charged back by the Town, the invoice therefor shall be paid within 30 days of delivery, after which (i) interest shall accrue at 9% per annum, non -compounded, and (ii) the Town may bring a claim in the name of the Town for the costs and expenses thereof, file a mechanics' lien therefor or thereupon, or assess the said costs and expenses as part of the next tax bill for such lot(s). Each such right or remedy is non-exclusive relative to each other listed right or remedy, and non-exclusive as to any other right or remedy the Town may have in law or equity to recover such costs and expenses, all of which rights and remedies are hereby expressly reserved by the Town. 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 WESTVIEW PARTNERS, LLC ("Grantor") By: �4r43 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss: On the ib day of , in the year 204, before me, the undersigned, personally appeared f� . �� 5 �,-,�.,,� 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 qfe same in his capacity, and that by his signature on the instrument, the individual, o e person upon behalf of which the individual acted, executed the instrument. Notary Public 6 JONATHAN 0. ALBANESE NOTARY PUBLIC, STATE OF NEW YORK NO.4770020 QUALIFIED IN TOMPKIN/Sr COUNTY rOMMISSION EXPIRES -+4- 30,*-Qto