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Home My WebLink About519339-015Aurora 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. 519339 DATE: 12/20/2007 Time: 01:36 PM Document Type: EASEMENT/LEASE Instrument Number *519339-015* Delivered By: CORNELL COUNSEL Return To: CORNELL COUNSEL Parties To Transact on: CORNELL UNIVERSITY Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mort -gage Information Mortgage Amount Basic Mtge. Tax: RETT No: 01530 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 Count)f Clerk I IIIIII IIIII IIIII 111111111111111111111111111111111111111 IN RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made effective as of the 616 day of December, 2007, by and between CORNELL UNIVERSITY, an education corporation chartered by the State of New York, c/o Real Estate Department, Box DH-Real Estate, Ithaca, New York 14853 ("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 enter upon the property described in Attachment 1 hereto or any portion thereof 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 (the "Facilities") pursuant to the provisions of that certain Operation, Maintenance and Reporting Agreement between Grantor and the Town dated as of December 20, 2007, and recorded in the Tompkins County Clerk's Office on December 10, 2007, as Instrument Number Slq 33i — Of , together with the rights of free ingress and egress in, over, upon and under the property described in Attachment 1, such property being the area of the permanent easements and rights -of -way, and including the right to trim and/or remove trees, shrubs and other obstructions impairing the Facilities or access to same on said property situate in the Town of Ithaca, County of Tompkins and State of New York. 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 pursuant to the provisions of that certain Operation, Maintenance and Reporting Agreement between Grantor and the Town dated as of December 20, 2007, and recorded in the Tompkins County Clerk's Office on December 2 6 , 2007, as Instrument Number Sig33�- o�Y AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with complete access by the Town to the said Facilities. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction or blasting within the area of the Facilities. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that it 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. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that it 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 public successor or assign, or to any public 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 to any public successor or assign, or to any public Drainage District now existing or hereafter to be formed, without prejudice or recourse. TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns permitted under this Agreement forever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. IN PRESENCE OF CORNELL UNIVERSITY, GRANTOR r� O By: Ste hen T. Go ding Executive Vice Preside t for Finance and Administration 2 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss: On the 1j"day of December, in the year 2007, before me, the undersigned, personally appeared Stephen T. Golding, 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. fd Notary Publi h1 SECTION 62 BLOCK I LOT 3.2 (portion) CITY TOWN Ithaca NANCY H. GLIARO Notary Public, ante of New York No.2998287 Qualified in Tompkins County Commission Expires November 30, 9009 3 ATTACHMENT 1 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being bounded and described as follows: BEGINNING at a point located in the present centerline of Mitchell Street, said point being located northwesterly a distance of approximately 399.5 feet along said centerline from its intersection with the present centerline of Pine Tree Road; RUNNING THENCE North 48' 22' 44" West along said centerline for a distance of 246.10 feet to a point; RUNNING THENCE North 48' 21' 35" West and continuing along said centerline for a distance of 221.66 feet to a point which marks the southeasterly corner of lands reputedly of East Lawn Cemetery Association; RUNNING THENCE North 14' 32' 22" East being along the east line of East Lawn Cemetery Association, passing through an iron pipe found at a distance of 25.58 feet and continuing 427.42 feet to an iron pipe found; RUNNING THENCE South 78' 19' 02" East and continuing along a southerly line of East Lawn Cemetery Association for a distance of 164.00 feet to an iron pipe found; RUNNING THENCE South 10' 02' 10" West being along a westerly line of East Lawn Cemetery Association for a distance of 33.53 feet to a point; RUNNING THENCE South 78' 24' 06" East and continuing along a southerly line of East Lawn Cemetery Association for a distance of 6.00 feet to an iron pin found, said iron pin marks a northwesterly corner of lands reputedly of Cornell University, as described by Instrument Number 510953-001; RUNNING THENCE South 13' 00' 04" West being along the westerly line of Cornell University for a distance of 140.65 feet to an iron pin found; RUNNING THENCE South 76' 39' 56" East being along the southerly line of lands of Cornell University for a distance of 186.74 feet to a point; RUNNING THENCE South 14' 32' 22" West for a distance of 139.73 feet to a point; RUNNING THENCE South 77' 51' 00" East for a distance of 50.02 feet to a point; RUNNING THENCE South 02' 38' 01" West for a distance of 210.00 feet to a point; RUNNING THENCE North 88' 07' 56" East for a distance of 45.00 feet to a point; 0 RUNNING THENCE South 40' 01' 16" West passing through an iron pin found at a distance of 165.00 feet and continuing 27.73 feet to a point in the present centerline of Mitchell Street, the point and place of beginning. 5