HomeMy WebLinkAbout519339-018Aurora 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. 519339
DATE: 12/20/2007
Time: 01:38 PM
Document Type: EASEMENT/LEASE
Instrument Number
*519339-018*
Delivered By: CORNELL COUNSEL
Return To:
CORNELL COUNSEL
Parties To Transact on: CORNELL UNIVERSITY
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
RETT No- 01533 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 111111111111111 IN 11111111111111111111 IIII
RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made this day of December, 2007, by and between
1093 Group, LLC, a New York limited liability company with offices at 295
Main Street, Suite 210, Buffalo, New York 14203 ("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 ;:�, 2007, as Instrument No.
S(7337-6(--� , 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 s 2007, as Instrument No. S11391- 01 q-
AND, Grantor further covenants and agrees:
1. 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 complete access by the Town to the said Facilities.
II/11/1,7
2. 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 the area of the Facilities.
3. 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.
4. 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 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.
Signature on next page
11l1ld- -
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal
the day and year first above written.
IN PRESENCE OF
1093 Group, LLC, GRANTOR
By:
Ca 1 P. Paladino, Manager
SECTION 62
BLOCK 1
LOT 3.2
TOWN ITHACA
STATE OF NEW YORK
COUNTY OF ERIE ) ss:
On the L'4 day of December, in the year 2007, before me, the undersigned, personally
appeared Carl P. Paladino, 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 the person upon behalf of which
the individual acted, executed the instrument. r I',?
Notauy'Public
JOE R CAVAN
NOTARY PUBLIC, Stnte of New York
Qualified in Erie County
r,"d Commission Expires August 31,
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 in the present centerline of Pine Tree Road, said point
being located a distance of approximately 443.6 feet along said centerline from its
intersection with the centerline of Mitchell Street;
RUNNING THENCE South 88 07' 56" West for a distance of 85.00 feet to a pk
nail found;
RUNNING THENCE South 59 02' 56" West for a distance of 51.46 feet to a pk
nail found;
RUNNING THENCE South 88 07' 56" West passing through a pk nail found at a
distance of 85.00 feet and continuing 45.00 feet for a total distance of 130.00 feet
to a point;
RUNNING THENCE North 02 38' 01" East for a distance of 210.00 feet to a point;
RUNNING THENCE North 77 51' 00" West for a distance of 50.02 feet to a point;
RUNNING THENCE North 14 32' 22" East for a distance of 139.73 feet to a point
located in the southerly line of lands reputedly of Cornell University, as
described in Instrument No.: 510953-001;
RUNNING THENCE South 76 39' 56" East along the southerly line of lands of
Cornell University passing through a pin located in the westerly line of Pine Tree
Road at a distance of 232.18 feet and continuing 26.75 feet to a point in the former
centerline of Pine Tree Road;
RUNNING THENCE South 02 27' 07" East in part along the former centerline
and the present centerline of Pine Tree Road for a distance of 262.59 feet to the
point and place of beginning.
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