HomeMy WebLinkAbout540043-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 7
Receipt No. 540043
DATE: 04/03/2009
Time- 04:09 PM
Document Type: EASEMENT/LEASE
Parties To Transaction: ITHACA COLLEGE
Deed Information
Consideration: $0.00
Instrument Number
*540043-001 *
Delivered By: BARNEY GROSSMAN DUBOW N
Return To:
BARNEY GROSSMAN DUBOW MARCUS
SENECA BUILDING WEST SUITE 400
119 EAST SENECA STREET
ITHACA, NY 14850
Mortgage Information
Mortgage Amount:
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 01384 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
111111111111111111111111111111111111111111111111111111111111
EASEMENT AGREEMENT
This AGREEMENT is made as of this �''day of �Zw.- , 2009, by and
between ITHACA COLLEGE, an educational corporation formed and existing under
the laws of the State of New York, with offices at 200 Job Hall, Ithaca, New York 14850
(herein the "College"), and THE TOWN OF ITHACA, a New York municipal
corporation, with offices at 215 North Tioga Street, Ithaca, New York 14850 (herein the
"Town").
RECITALS
A. The College owns a parcel of real property located in the Town of Ithaca,
County of Tompkins and State of New York as conveyed to it by deed of Mary Raponi
and Daniel Raponi dated September 12, 1997 and recorded in Liber 804 of Deeds at page
177, now being a part of tax parcel number 42.-1-9.2 (the "Property"), as shown on a
survey map by T. G. Miller P.C. dated April 30, 1986 (the "Survey Map"), a copy of
which is annexed hereto and made a part hereof.
B. Located on the Property since approximately 1960 is a water storage tank
(the "Tank"), located as shown on the Survey Map, together with waterlines and electric
and utility lines serving said water storage tank (the "Utility Lines"), and which are all
owned and operated by the Town (the Tank and the Utility Lines, and all Town -owned
facilities related thereto, are collectively the "Facilities").
C. The T own has constructed and maintained a private drive oil the Prufci �y to
allow it to access the Facilities (the "Drive"), which is located as shown on the Survey
Map.
D. The Tank is located on a lot approximately one acre in size, as shown on
the Survey Map (the "Water Tank Lot").
E. The parties desire to set forth their agreement with respect to the Town's
continued use of the Drive and the Water Tank Lot.
AGREEMENT
In consideration of the foregoing and the promises contained herein, the receipt
and adequacy of which being hereby acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated into and
made a part of this Agreement.
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2. Grant of Easement to the Town. The Town hereby conveys and releases to
the College any and all rights it may now have or previously had or acquired in the
Property. The College hereby grants to the Town the following easements:
a. A non-exclusive, perpetual easement over the Drive for the purpose of
ingress and egress to and from the Water Tank Lot and for the installation of utility lines
(e.g., electric, communications, and water lines) within the area of the Drive. The Town
hereby acknowledges and agrees that its rights in and to the Drive are limited to those
hereby conveyed, and that said rights are subject to any existing easements or other rights
in the Drive. The Town further acknowledges and agrees that the College may in the
future grant easement rights in and to the Drive to other parties, provided that such rights
are not inconsistent with the terms of this Agreement.
b. A perpetual easement on and over the Water Tank Lot for the purposes of
keeping, maintaining, using, operating, repairing, reconstructing and replacing the Tank,
and all municipal purposes related thereto.
3. Nature of Drive as Private Lane; No Obstruction. The parties agree that the
Drive is a private lane; it is not a public road and it shall not be considered or deemed a
public road by virtue of the existence of an easement held by the Town or any other
party. Except as may be required for repair, maintenance, or construction of Facilities by
the Town or for any repair, maintenance, or improvement of the Drive as permitted under
paragraph 4 hereof, the Town shall not at any time obstruct access along the Drive. Any
parties using the Drive pursuant to easements granted by the College in the future shall be
obligated to refrain from obstructing the Town's access along the Drive, and said parties'
rights to the Drive shall be subject to such obligation.
4. Maintenance and Repairs; Security.
a. The Town may, but is not required to, repair, maintain, or improve the
Drive as it deems necessary, in its sole discretion and at its sole cost and expense, to
maintain adequate access to the Facilities. The Town may take any action within the area
of the Drive it deems reasonably necessary to repair, maintain, or construct the Facilities,
even if such action involves temporary disruption of access by any other party. The
College further grants to the Town the limited and temporary right to access those
portions of the Property adjacent to the Drive as necessary to repair, maintain, or improve
the Drive or the Facilities, provided that the Town restore the Property to its prior
condition immediately upon completion of same. The Town shall have no responsibility
or obligation to any other party with respect to the condition of the Drive except as
provided in subparagraph (e) hereof.
b. Except as provided in subparagraph (c) hereof, the College shall have no
responsibility or obligation to maintain or repair the Drive. However, the College may
repair, maintain, or improve the Drive as it may deem necessary, at its sole cost and
expense.
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C. If the Drive is damaged by the negligence or intentional act of one of the
parties hereto (or their respective employees, agents, invitees, or guests), that party shall
promptly repair the Drive at its sole cost or expense.
d. The Town shall be obligated to appropriately maintain, repair and/or
replace the Facilities such that the Facilities shall continue to function in a safe and
proper manner while the Facilities continue to be used by the Town. The Town shall also
appropriately secure the Facilities against damage, theft, vandalism and sabotage. The
College shall have no obligations with respect to the maintenance, replacement, repair or
security of the Facilities. The Town shall indemnify and hold harmless the College from
and against any and all claims, costs and expenses asseited against or HICU CU by the
College and related to any malfunction and/or breach of security of the Facilities.
5. Exclusive Rights of Town. Anything herein to the contrary
notwithstanding, the College agrees that the Town may have exclusive use and control of
that part of the Drive westerly of the extended west line of the property now or formerly
owned by Cox, having tax map number 42-1-11, as shown on the Survey Map, and that
the Town may, but is not required to, construct a gate or other means of limiting and
controlling access to that portion of the Drive and to its Facilities.
6. Relocation of Easement Area by The College. The parties agree that the
College may (but shall not be obligated to) relocate the area of the Drive, at its sole cost
and expense.
7. Liability % Indemnification. The Town shaii indemnify and Bold the
College harmless from and against any claim, damage, loss, or expense arising in any
way from the use of the Drive, the Water Tank Lot, the Facilities or the Property by the
Town or its employees, agents, invitees, or guests, including attorneys' fees.
8. No Waiver; Amendment. The failure or delay by any party in enforcing
any right or obligation or any provision of this Agreement in any instance shall not
constitute a waiver thereof in that or any other instance. A party may only waive any
such right, obligation or provision by an instrument in writing signed by it. This
Agreement may not be modified, terminated or supplemented except by a written
instrument signed by the party against whom such modification, termination or
supplement is sought to be enforced.
9. "Termination and Survival of Obligations.
a. This Agreement and the easements granted hereunder may be terminated by
either of the following means: (i) a written agreement executed by both parties, or (ii) at
the option of the College upon the occurrence of "abandonment" (as hereinafter defined)
of the easements granted pursuant to this Agreement, by the sending of. (x) written notice
to the Town stating that abandonment has occurred and advising the Town of the
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College's intention to declare said Agreement and the easements granted hereunder
terminated by reason of such abandonment, and (y) written notice to the Town, following
the passing of 30 days after delivery of the written notice under Section 9a(ii)(x),
declaring said abandonment and termination. "Abandonment" shall mean that said
easements are not used for the purpose of water storage and distribution for a continuous
period of one year. For purposes of this paragraph, the use of the easements shall include
maintenance, repairs and/or replacement of the Facilities during any period when such
easements are not used for the actual storage and distribution of water, provided that such
maintenance, repairs and/or replacements are undertaken for the purpose of resuming
utilization of the Facilities for water storage and distribution. Following said
abandonment and termination the Coiiege may record a written affili7 iaLivu f„CIVOf III hI ,
Tompkins County Clerk's Office, which recording shall be conclusive evidence of such
termination and abandonment. The Town's obligations under Sections 4d and 7 of this
Agreement shall survive termination of this Agreement.
b. Upon any termination of this Agreement, the Town shall be obligated to
remove the Tank and any other fixtures or improvements installed by the Town on the
Property, unless the College shall otherwise consent in writing. Further, regardless of
whether "abandonment," as above defined, shall have occurred, if the Tank shall cease to
be used by the Town for its present purposes, the Town shall promptly remove the Tank.
Upon the Town's failure to complete said removal within a reasonable time following
termination, the College may (but shall not be obligated to) complete such removal and
the Town shall pay to the College upon demand all costs and expenses incurred by the
College in connection with such removal. The obligations of the Town related to the use
of the easement during its term, including any extension necessary io curnpiete the
removal of facilities as provided in this Section, shall survive termination of this
Agreement.
10. Binding Effect. This Agreement shall run with the land, shall inure to the
benefit of, and shall bind the parties' respective heirs, successors, and permitted assigns.
This Agreement and the easement and other rights granted hereunder may be freely
assigned by the College. The Town may assign this Agreement and the easement and
other rights granted hereunder to a water district or municipality, including without
limitation Southern Cayuga Lake Intermunicipal Water Commission, any entity created
by the Town, or the Town and any other municipality or municipalities, for the purpose
of producing and/or distributing water, provided however the operation of the water
system shall also be transferred to such assignee concurrently with such assignment.
Except as expressly permitted herein, the Town shall not otherwise assign this Agreement
without the written consent of the College, which may be granted or withheld at the
College's sole discretion.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the date first above written.
4
ITHACA COLLEGE
By: L
Its:
THE TOWN OF ITHACA
By:
Its: y
STATE OF NEW YORK )
) SS.:
COUNTY OF
On the 20 r-', day of illar i k in the year 2009 before me, the
undersigned, personally appeared A erber+ .j C,,p g , personally known or proven to me
on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and ackiiowicugcu to i7ne t1lat hU-/shc/thcy %nC�uted
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
CARRIE Notary Pubic, Statie o� RE �
New YorkNo. 01 WH6052877 NOTARY PUBLIC
Tioga County
Commission Expires December26.
STATE OF NEW YORK )
) SS.:
COUNTY OF d :,..1 )
On the .3 day of 14�L rrJj_ in the year 2009 before me, the
undersigned personally appearedCa-,. p "y ' P
S C� � erSOndll 1[t1Uw11 V1 iOvcii to i11c
on the basis of satisfactory evidence to e the individual(s) whose name(s) is -(.,�
subscribed to the within instrument and acknowledged to me that hem -executed
the same in hiss+ i1 capacity( , and that by his/herftfr&r signature4 - on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
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SURVEY MAP
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WEST SIDE CODDIWG70" ROAD
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