HomeMy WebLinkAbout547161-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Fax: (607) 274-5445
No. of Pages: 2
Receipt No. 547161
DATE: 08/25/2009
Time: 03:06 PM
Document Type: EASEMENT/LEASE
Parties To Transaction: THORPE, RALPH
Deed Information
Instrument Number
*547161-002*
Delivered By: MAZZA & MAZZA
Return To:
MAZZA & MAZZA
Mortgage Information
Consideration: $0.00 Mortgage Amount:
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 02284 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 IIIIII11111IIIII 111111111111111111111111111111111111111IIII
ENCROACHMENT AGREEMENT
This Agreement made thi j2t clay of August, 2009 between Ralph E. Thorpe (hereinafter
referred to as "Thorpe"), the record owner of all that tract or parcel of land situate the Town of
Ithaca, County of Tompkins, and State of New York, known as 109 Pennsylvania Avenue, bearing
Tax Map # 54-4-50 and is the premises described in a deed recorded in the Tompkins County Clerk's
Office on September 23, 1981 in Liber 585 of Deeds, page 937, and Town of Ithaca, New York
(hereinafter referred to as "Town"), the record owners of a dedicated public street situate in the Town
of Ithaca, County of Tompkins, and State of New York, known as Pennsylvania Avenue;
WITNESSETH,
WHEREAS, as shown on a survey map entitled "SURVEY MAP 109 PENNSYLVANIA
AVENUE, TOWN OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK, LANDS
OF RALPH THORPE," prepared by Lawrence P. Fabbroni, NYSLS 49682, dated July 8, 2009, a
copy of which is intended to be filed concurrently herewith, the southerly portion of the premises of
Thorpe lies within the dedicated public street of Town, and
WHEREAS, as shown on the survey map referred to above, a portion of the front porch and
walkway of Thorpe is situated within the dedicated public street of Town.
NOW THEREFORE, the parties hereby agree and certify as follows:
(1) The common boundary line as depicted in the survey map referred to above is accurate
and true; Town consents to the encroachment of the Thorpe porch and walkway until such time that
the porch and walkway are destroyed or must be replaced.
(2) Thorpe certifies that the porch and walkway are his personal property and their continued
existence does not give him any claim to the Town dedicated public street.
(3) In the event that the porch is destroyed or needs replacement, Thorpe shall build it on his
own property.
The terms of this Agreement shall run with the land and be binding upon the parties hereto,
their successors, assigns, distributees and heirs.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year
first wri above.
TOWN OF ITHACA
RALP11 T ORP
By:
Tit "0-4 n ... .`$ �•--
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On August-�,2009 before me, the undersigned, personally appeared, Ralph E. Thorpe,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to within the instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or person on behalf
of which the individual acted, executed the instrument.
EL FP�� kSE
Notary Publi , tate of New `Mork
No. 4889024
Clualified in Tompkins Coy _
Commission Expires April yipt
6, d L 1
STATE OF NEW YORK
COUNTY OF TOMPKINS ) ss.:
On August a, 2009 before me, the undersigned, personally appeared,
t1 Nl , personally known to me or proved to me on the basis of
satisfactory evidence to e the individual whose name is subscribed to within the instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or person on behalf of which th individual acted, executed *the
instrument. i
Notary Public
KAREN M, BILLINGS
Notary Public, State of New York
No. 01 BI6179590
Qualified in Tompkins County
Commission Expires December 24, 2011
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