HomeMy WebLinkAbout551025-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax:(607) 274-5445
No. of Pages- 3 Delivered By:
(including this ITHACA TOWN OF
cover page)
Receipt No. 551025
Return To:
ITHACA TOWN OF
Date: 11 /18/2009 BOX
Time: 04:01 PM
Document Type: EASEMENT/LEASE
Parties
To Transaction: GARGER - ITHACA
Town/City
Deed Information
Taxable Consideration: $0.00
State Transfer Tax: $0.00
County Transfer Tax: $0.00
RETT No.: 02782
State of New York
Tompkins County Clerk
Instrument Number
*551025-002*
Mortgage Information
Taxable Mortgage Amount:
Basic Mortgage Tax:
Special Mortgage Tax:
Additional Mortgage Tax:
Local Mortgage Tax:
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.
Tompkins County Clerk
Please do not remove this page.
11111111111111111111111111111111111111111111111111111111 IIII
WALKWAY EASEMENT
TOWN OF ITHACA WALKWAY
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 547 Warren Road
Ithaca NY 14850
Town of Ithaca Tax Parcel Number: 70.-1-58
ti-,
THIS INDENTURE made as of the day of 20_d,
BETWEEN: Tanya Garger
547 Warren Road
referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga,
Ithaca, New York, hereinafter called GRANTEE, its successors and assigns,
WITNESSETH:
WHEREAS, GRANTEE has an easement for the Construction and Maintenance of a Walkway
WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the a walkway
must cross or encroach upon private property for the above reasons;
NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said
GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the
community, and otherwise, and in further consideration of the covenants herein contained and other good and sufficient
consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and
assigns forever: A permanent easement to enter upon for the purpose of maintenance end ie,pair of such walkway across or upon
the lands of the GRANTOR in the Town of Ithaca. The width of the easement is seven ft, across the width of the property; the
location is shown on the attached map. All trees that are to be removed will be cut up and removed from site. Trees will be replaced
with the number and type determined by the property owner and parks department. All existing drain lines will be connected to the
new storm system. Town of Ithaca will have the responsibility of maintaining the walkway including but not limited to plowing in
the winter.
The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby: lien
All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located
on the easement areas or any other facilities constructed on said premises shall remain the property of and shall be under the control
and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to said property covered by said
easement, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and
enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the
construction, maintenance, operation or repair of, or cause injury or damage to the walkway or other facilities. Whenever any work
is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed, the premises will
be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably
possible. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces,
that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. If any damage is
caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall
give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca, New
York, immediately following any such damage or failure to restore the property. Such notice must be in writing and must be given
promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any who performed the work on
the Project. Any action against the Town must be commenced within two years from the happening of the event upon which
GRANTOR'S claim is based or within such shorter statutory period as may be applicable.
EASEMENT -- Town of Ithaca Walkway Easement
This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien.
OWNER(s) NAME
TO 4i ya,-
State of New York, County of Tomukins SS:
OWNER(s) SIGNATURE
IF " L.S
L.S.
On the �Hh day of Ui in the year r before me, the undersigned, personally appeared.
Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed 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. ?
MICHELE BENNETT
Notary Public, State of New York
No. 01 BE6030007
Qualified in Tompkins County
Commission Expires Aug. 30, 20 � 'NOTARY PUB IC
TOWN OF ITHACA
BY Y 4e,r
J � G f ISIGNAT,E'�(E
State of New York, County of Tomokins SS: ff f//
On the` }� day of in the year j before me, the undersigned, personally appeared.
I A rat_
f
Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed 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.
NOTARY PUBL C