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Home My WebLink About552505-001%"s Copy Aurora R. Valenti � ��• a TOMPKINS COUNTY CLERK 320 North Tioga Street f: ,•+ Ithaca, NY 14850 * ` (607) 274-5431 Fax- (607) 274-5445 No. of Pages: 5 Delivered By: (including this cover page) TOWN OF ITHACA Receipt No. 552505 Return To- ITHACA TOWN OF Date* 12/23/2009 Time. 10:54 AM Document Type: 3asement Parties To Transaction: CONIFER Town/City. Deed Information Taxable Consideration: $Q.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.. 02955 State of New York Tompkins County Clerk Instrument Number *552505-001* 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. ao'�' tp vd,-t- Tompkins County Clerk Please do not remove this page. TEMPORARY LAND USE LICENSE Conifer Realty, LLC ("Conifer") hereby grants the Town of Ithaca ("Town"), for the benefit of the Town, its guests and invitees, and emergency responders, a non- exclusive right to use the following lands in the following manners: 1. The Town and emergency responders are permitted to use the lands within the scope of the water easement located on tax parcel 27.-01-13.162 to travel to and from the Town's West Hill Park Community Garden located on tax parcel no. 27.-01-13.15. The afore -mentioned water easement was granted by Conifer to the Town, as memorialized in a Water Easement dated November i �, 2009 and recorded in the Tompkins County Clerk's Office on November. Z3, 2009, under instrument number SS/,Z51-xj(hereafter referred to as the "Water Easement"). Town and emergency responder use shall be limited to vehicular and pedestrian ingress and egress between the Water Easement's eastern -most point to a point directly south of the Town's West Hill Park Community Garden, which point is shown on the attached site plan as the "Turnoff Point" and which is approximately 200 feet east of the Water Easement's intersection with a 30-foot Town access easement granted by Conifer to the Town, as memorialized in an Access Easement Benefiting the Town of Ithaca dated January 16, 2007 and recorded in the Tompkins County Clerk's Office on January 17, 2007, under instrument number 502748-014 (hereafter referred to as "Access Easement"). 2. The Town and its guests and invitees are permitted to use the lands within the scope of the Water Easement for pedestrian ingress and egress between the Water Easement's intersection with the Town's Access Easement and the Turnoff Point located approximately 200 feet east on the Water Easement as shown on the attached site plan. This permission shall be limited to pedestrians traveling to and from the Town's West Hill Park Community Garden. 3. The Town, its guests and invitees, and emergency responders are permitted to use a 15-foot wide strip of land for ingress and egress beginning at the Turnoff Point on the Water Easement and proceeding northward in a direction substantially perpendicular to the Water Easement approximately 150 feet to the property boundary shared by Conifer and the Town (hereafter referred to as the "Mowed Path"). The Town shall mow the vegetation in the Mowed Path on a periodic basis in a manner sufficient to facilitate pedestrian travel along the Mowed Path. Town use shall be limited to vehicles, pedestrians and mowing equipment traveling to and from the Town's West Hill Park Community Garden. Use by Town guests and invitees shall be limited to pedestrians traveling to and from the Town's West Hill Park Community Garden. Emergency responder use shall be limited to vehicles and pedestrians traveling to and from the Town's West Hill Park Community Garden. 4. Nothing in this License shall affect or diminish the rights or obligations of the Town granted or imposed by the Water Easement or Access Easement. 5. The Town agrees that, at its cost, it shall promptly repair any damage to Conifer's property caused by the Town, its employees or agents, guests and invitees, and emergency responders exercising their rights herein. To the extent Conifer is negligent, Conifer shall pay the proportionate amount of cost attributable to its negligence. 6. To the extent permissible by law, the Town will defend, indemnify and hold harmless Conifer and its agents, officers and employees from and against all liabilities, claims, suits, actions, damages, or judgments, including the costs of defense thereof, for any losses Conifer may incur as a result of the Town, its guests and invitees, and emergency responders exercising their rights herein. To the: extent Conifer is negligent, the Town's indemnification shall not extend to the proportion of loss attributable to Conifer's negligence. 7. This License shall be effective beginning November I S, 2009, and it shall remain in effect until either the Mowed Path lands are developed by Conifer or its successors, or the Town builds a road for public travel on previously granted Town rights -of -way or easements connecting Conifer Drive with the Town's West Hill Park. CONIFER FEALTY, LLC TOWN OF ITHACA and Date: STATE OF NEW YORK COUNTY OF MONROE SS: W:ierbe' . En an Supe isor Date: d� C On the day of November in the year 2009 before me, the undersigned, personally appeared Timothy D. Fournier 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. Notary Public MARLEN9 It 408IWIN Notary Public, State of New York No. Of BE6062083 Qualified in Ontario County Commission Expires 07/30/20 2 STATE OF NEW YO� COUNTY OF On the `L day of-Ne��in the year 2009 before me, the undersigned, personally appeared Herbert J. Engman personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names 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 cted, executed the instrument. i Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified in Tioga County Commission Expires December 4, 20,s 3