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Home My WebLink About551178-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages, 6 Delivered By: (including this cover page) NIXON PEABODY LLP Receipt No. 551178 Return To: NIXON PEABODY Date. 11 /23/2009 ENV Time: 10:10 AM Document Type: EASEMENT/LEASE Parties To Transaction: CARROLL Town/City: Deed Information Taxable Consideration: $196,000.00 State Transfer Tax: $784.00 County Transfer Tax: $392.00 RETT No - 02796 State of New York Tompkins County Clerk Instrument Number *551178-001 * 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. aw'�' e rd"'t Tompkins County Clerk Please do not remove this page. w GRANT OF EASEMENT THIS GRANT OF EASEMENT (the "Grant'') dated _'201 is Uiven by DONN K. CARROLL, an individual residing at 651 Ave Mile Drive, Town of Ithaca, County of Tompkins, State of New York, ("Grantor"), in favor of UPSTATE CELLULAR NETWORK, a New York Partnership, d/b/a Verizon Wireless ("Verizon Wireless"), with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404) and the TOWN OF ITHACA ("Town"), a New York municipal corporation with its principal offices at 215 N. Tioga Street, Ithaca, New York 14850 (together, Verizon Wireless and the Town are referred to herein as "Grantee"). The Grantor and the Grantee are at times collectively referred to hereinafter as the "Parties" or individually as the '-Partv''. RECITALS WHEREAS, Grantor is the owner of a certain parcel of land located at 651 Five Mile Drive. in the Town of Ithaca, County of Tompkins and State of New York, which parcel is described as an approximately 3.0 acre parcel shown on the tax map of the Town of Ithaca as Tax Parcel No. 31-2-25.2 ("Grantor's Property") and As further described in a deed recorded in the Office of the Clerk of Tompkins County as Book 727, Page 344; and WHEREAS, pursuant to a Land Lease Agreement (the "Lease") with Grantor, which Lease is dated November 20, 2008 and a Memorandum of which is intended to be recorded in the Tompkins County Clerk's Office, Verizon Wireless is the Lessee of a 100' x 100' portion of Grantor's Property (the "Lease Parcel"). and also holds an access and utility easement for the construction, operation and maintenance of a telecommunications tower (the "Tower") on Grantor's Property; and WHEREAS, in conjunction with the Lease, Verizon Wireless applied for approval fi-om the Town to construct the Tower and appurtenant facilities; and WHEREAS, the Town has required that Verizon Wireless secure a no -cutting easement around its Tower to protect the trees screening the Tower, and a setback easement around the "Power to ensure Grantor's Property satisfies the Town's fall zone setback requirements (the "Setback Requirements"); and WHEREAS, in order to satisfy the Town's requirements and to further facilitate the screening of the Tower, Grantee wishes to obtain and Grantor wishes to grant easements (three to Grantee Verizon Wireless and one to Grantee Town) over portions of Grantor's Property; and WHEREAS, Grantor intends to construct one or more buildings on the Property ("Proposed Construction"), which buildings may be located wholly or partially within the No Cut Area (as defined below); and WHEREAS, in order to remove any of the trees within the No Cut Area to accommodate the Proposed Construction, Grantor will need approval from the Town's Director of Planning pursuant to the terms of this Grant, and M -2- WHEREAS, both Grantor and Grantee Town acknowledge that Town approval of the Proposed Construction and of the removal of trees within the No Cut Area to accommodate same will not be unreasonably withheld, provided that Tower screening will not be perceptibly affected, and that subject to the foregoing, this Grant is not intended to prohibit the Proposed Construction or the removal of trees from the No Cut Area to accommodate same. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee hereby agree as follows: 1. Grantor does hereby grant and release unto Grantee. their successors and assigns, an easement (the "No -Cutting Easement") over and across the portion of Grantor's Property designated as the Tree Preservation/No Cut Area on that certain Zoning Tree Planting and Preservation Plan attached hereto as Exhibit A (hereinafter referred to as the "No Cut Area"). Except as otherwise provided on Exhibit A or in Section 2 below, Grantor, his heirs, personal representatives, successors and assigns shall not allow any person to cut, fell, prune, disturb or clear any live tree located wholly within the No Cut Area without first obtaining approval from the Town's Director of Planning, which approval shall not be unreasonably withheld, conditioned or delayed, provided that Tower screening will not be perceptibly affected. 2. A. Grantor may, in conjunction with standard woodlot management practices and without prior approval, prune or remove or cause to be pruned or removed from the No Cut Area any tree that falls due to an act of nature. B. Grantor may, in conjunction with standard woodlot management practices and upon receipt of approval from the Town's Director of Planning, which approval shall not be unreasonably withheld, conditioned or delayed, prune or remove or cause to be pruned or removed from the No Cut Area (i) any tree that presents an immediate threat to the safety of Grantor, his agents, guests or invitees, or to Grantee's equipment, or to Grantee's access to the Premises, or (ii) any tree which, due to disease, infestation or damage, is at risk or poses a risk to the health of other trees on Grantor's Property. If the Town's Director of Planning does not issue a decision within five (5) business days of the Town's receipt of a request for approval, the approval shall be deemed to be granted and Grantor may proceed with the actions described in the request. 3. Grantor does hereby grant and release unto Grantee Verizon Wireless, its successors and assigns, a non-exclusive easement (the "Planting Easement") over and across the Property to plant any trees which Grantee Town reasonably requires Grantee Verizon Wireless to plant as a condition of its approval of the Tower. 4. Grantor does hereby grant and release unto Grantee Verizon Wireless, its successors and assigns, an easement (the "Setback Easement") over and across that portion of Grantor's Property falling inside a circular area, with a radius of one hundred twenty five (125) feet, around and centered on the Tower (the "Setback Easement Area"), as is more particularly shown on Exhibit A. Grantor shall not construct any structure which is not associated with the Tower within the Setback Easement Area during the term of this Setback Easement. However. Grantor may continue to use the Setback Easement Area in any other legally permissible way so long as such use does not interfere with Grantee Verizon Wireless' operations on Grantor's property or violate the terms of this Grant. 5. Grantor, its successors and assigns, as the case may be, shall defend, indemnify and hold harmless Grantee and Grantee Town's elected officials, public officers, employees, and agents, from and against any and all loss, damage, claim, expense (including reasonable attorneys' fees) or injury of any kind and nature whatsoever arising out of any violation of Grantor"s obligations under this Grant. 6. If Grantor violates the terms of this Grant, either Grantee may pursue any and all legal remedies available to them, including, but not limited to. injunctive relief to prevent further violations. If either Grantee successfully pursues such remedies, such Grantee shall be entitled to recover from Grantor any costs and expenses, including, but not limited to, reasonable attorneys' fees, incurred in doing so. 7. The term of the No -Cutting Easement, the Planting Easement, and the Setback Easement shall expire on the expiration or earlier termination of the Lease. Grantor shall notify Grantee Town in writing within 30 days after the date the Lease expires or is terminated. S. This Grant shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. [The remainder of this page is intentionally left blank.] n� -4- IN WITNESS WHEREOF, the Grantor hereto has set its hand and affixed its respective seals the day and year first written above. GRANTOR: J-j& 61A"4 D(*KY<'CARROLL — State of New York ) ss: County of On the O day of 1* , in the year 201, before me, the undersigned. a Notary Public in and for said state, personally appeared DONN K. CARROLL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Kf otary Public' ROBIN A. MASSON Notary Public, State of New Vottt Tompkins County No. 4657412 ir^mmissfon Expires March 3a W411 EXHIBIT A iN 1. n IV ZIP,rlii => Zn s \ooW � 2i