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Home My WebLink About530106-001No. of Pages: 5 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax:(607) 274-5445 Instrument Number *530106-001 * Delivered By: ITHACA TOWN OF Receipt No. 530106 Return To: ITHACA TOWN OF BOX DATE: 08/07/2008 Time: 02:36 PM Document Type: EASEMENT/LEASE Parties To Transaction: ITHACA- CODDINGTON ROAD Deed Information Consideration* $0.00 Mortgage Information Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 00026 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 Coun�f Clerk I IIIIII IIIII IIIII IIIII IIIII11111IIII IIIIII IIIII IIIII IIII IIII ACCESS EASEMENT BENEFITING THE TOWN OF ITHACA This Easement benefiting the Town of Ithaca is made this f0 day of �, 2008 by and between the Coddington Road Community Center, Inc., of 918 - 920 Coddington Road, Ithaca, New York, a private not -for -profit New York State corporation (herein "Coddington"), and the Town of Ithaca, a municipal corporation of the State of New York having an address at 215 North Tioga Street, Ithaca, New York 14850 (the "Town'). WITNESSETH: WHEREAS, Coddington owns land at 918-920 Coddington Road, Town of Ithaca Tax Map Number 47.4- 11.3 by virtue of deed(s) recorded at Liber 414 of Deeds at Page 399 and Liber 500 of Deeds at Page 59 in the Tompkins County Clerk's Office, said property being in the Town of Ithaca, Tompkins County, New York Town of Ithaca, Tompkins County, New York (herein, the "Property"); and WHEREAS, Coddington has previously given to the Town an easement for public access and use recorded in said Clerk's Office at Liber 769, Page 240, et seq., which easement provided for public use of a playing field upon the Property (the "Original Easement"); and WHEREAS, the Town made further improvements to the Property, including, but not limited to, the construction of a pavilion, and the Town and Coddington wish to rescind the existing easement in favor of this easement and terms herein stated. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and upon the exchange and receipt of mutual consideration, the sufficiency of which is acknowledged by the Town and Coddington, the Town and Coddington agree as follows: 1. TERMINATION OF ORIGINAL EASEMENTS. The parties hereby terminate the Original Easement and as of this date the Original Easement is null and void. 2. ACCESS EASEMENT. Coddington hereby grants and conveys to the Town, for the benefit of the Town, its residents, guests and invitees, a perpetual, non-exclusive easement and right of way for use, ingress, egress and passage upon, over and across that portion of the Property described and shown in more detail in Schedule A, attached hereto and made a part hereof. The following terms and agreements apply to expand and limit such easement and the duties of the parties to each other as hereinafter provided: A. The Town shall install signs to demark the playing field, parking areas, and pavilion, together with other improvements, as reasonably requested by Coddington. B. The Property may be used by any residents of the Town at any time in accordance with applicable laws and rules relating to the use of Town Parks generally or the Property specifically, as may now exist or as may be hereafter amended or promulgated. C. The Town shall indemnify, defend and hold Coddington harmless form any claim, demand, action, suit, liability, or judgment that may result or arise from the use of the Property by the general public or the Town that arises from the negligence of the Town in constructing or maintaining the Property. D. The Town shall annually provide Coddington with evidence that it maintains insurance coverage(s): (i) in the minimum amount of $500,000.00 per incident for property loss and damage upon a general all-risk type property damage and loss policy; and (ii) $1,000,000.00 per person per incident for personal injury and death claims. E. Coddington shall indemnify, defend and hold the Town harmless form any claim, demand, action, suit, liability, or judgment that may result or arise from the negligence of Coddington in relation to the use or occupancy of the Property by Coddington, its employees, members, agents, guests, or invitees. F. Coddington shall annually provide the Town with evidence that it maintains insurance coverage(s): (i) in the minimum amount of $500,000.00 per incident for property loss and damage upon a general all-risk type property damage and loss policy; and (ii) $1,000,000.00 per person per incident for personal injury and death claims. G. This easement is subject to: (i) any utility easements as may affect the Property; and (ii) the rights of the public in and to any roadways or public highways affecting the Property. H. Coddington forever warrants that it has good and indefeasible fee title to the Property and that the Town shall quietly enjoy the same. I. The Town may terminate this easement upon 30-day advance written notice, which notice shall be in a recordable form and surrender all rights of the Town in and to the Property. 3. SUCCESSORS AND ASSIGNS. This Agreement shall run with the land and shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties hereto. 4. AMENDMENTS. The provisions of this Agreement may not be modified, rescinded or amended except by written consent, duly executed and acknowledged by the parties hereto or their successors and assigns. 5. INVALIDITY OF CERTAIN PROVISIONS. The invalidity of any portion of this Agreement or any of the provisions hereof by judicial decision or otherwise shall not affect the remaining provisions hereof which shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. Coddington Road Community Center, Inc. By: Name: Anne Morrisette Its: Executive Director Town of Ithaca By: Na e: Herb man Title: Supervisor, Town /fIthlaca (jurat page follows) State of New York } County of Tompkins ) ss.: On the .' % day of in the year 2008 before me, the undersigned, personally appeared Herb Engman, 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. CARRIE WHITMORE ��W�Villl Notary Public, State n' ^lewYork Notary Public No. 01WH605. ",' Tioga Counr, Co on Expires December 26,'�Iao State of New York ) County of Tompkins ) ss.: .Ju On the day of 4ftne in the year 2008 before me, the undersigned, personally appeared Anne Morrisette, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NtiU) (/L�o Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires December 26, �' U SCHEDULE A LEGAL DESCRIPTION & MAP Town Access Easement from Coddington All that tract and parcel of land depicted upon the attached Sketch Plan (here the "Map') of the Property, consisting of a demarked area encompassing and enclosing the Ball Field and pavilion and related hedges, parking areas and walkways as depicted upon the Map, more particularly, but generally, described as follows: Beginning at a point in the centerline of Coddington Road opposite a set survey pin as shown upon the Map, then running approximately North 50' 16' 38" East approximately 330' to a point in a hedgerow; thence running generally southerly as shown upon the Map to a point behind the pavilion, which point is approximately 68.75' northeasterly from the southwesterly line of the Coddington lands (upon the border with lands now or formerly of Desch, R.O., 692/269); thence southeasterly as shown on the Map to the southerly boundary of the Coddington lands (upon the border of lands now or formerly of Young, R.O., 818/284); thence North 39' 05' 40" East approximately 451.19' to a point in the centerline of said Coddington Road (and passing through a pipe found 58'66' southwesterly from said centerline of the highway); thence North 32' 32' 49" West along the centerline of said Coddington Road approximately 206.50' to the point and place of beginning. Reference is made to a partial survey of the Property dated February 15, 2002, as made by T. G. Miller P.C., Alan Fulkerson, L.S., entitled "Survey Map Showing Lands of Coddington Road Community Center, Town of Ithaca, Tompkins County, New York". Ln i I 6 N U N N Ln L U ,r