HomeMy WebLinkAbout513756-002Aurora 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. 513756
DATE: 08/22/2007
Time: 12:01 PM
Document Type: EASEMENT/LEASE
Instrument Number
*513756-002*
Delivered By: HOLT ARCHITECTS PC
Return To:
TOWN OF ITHACA
Parties To Transaction: TOWN OF ITHACA (OVERLOOK)
Deed Information
Mortgage Information
Consideration: $0.00
Mortgage Amount
Transfer Tax: $0.00
Basic Mtge. Tax:
RETT No: 00385
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 Clerk
I IIIIII IIIII IIIII IIIII IIIII IIIII IIII IIIIII11111IIIII IIII IIII
RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made this 16th day of August, 2007, by and
between Overlook at West Hill, LP; Overlook at West Hill; 200 West Hill Circle, Ithaca,
NY 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 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 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:
ALL THAT TRACT AND PARCEL OF LAND situate in the
Town of Ithaca , Tompkins County, New York, [being a part of
Lot 48 in Town of Ithaca] and described as follows:
Proposed easement for maintenance of stormwater management
facility.
Said premises being shown on a survey map entitled "SURVEY
MAP, 468655-004 EASEMENT, TOWN OF ITHACA, COUNTY
OF TOMPKINS, STATE OF NEW YORK, ALTA/ACSM", made
by TG Miller, L. S. (#049269), dated December 15, 2004, a copy of
which map is intended to be filed concurrently herewith.
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 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
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 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.
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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 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 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.
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
sl:�
Overlook al8est Hill, LP, G TOR
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss:
On the 16 day of Q Uqiq in the year 200-3 before me, the undersigned, personally
appeared `J� c `', n personally known to me or proved to me on the
basis of satisfactory evidence-6 be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity,
07/13/06 2
and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the ' strument.
a
Notary Public
Dani L. Holtord
Nary Public, State Of New York
No. 01 HO6052879
Seneca
County
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