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Home My WebLink About552505-002Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax (607)274-5445 No. of Pages: 8 (including this coverpage) Receipt No. 552505 Date: 12/23/2009 Time. 10:55 AM Document Type: easement Parties To Transaction: STAROSTIN Town/City Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No. 02956 State of New York Tompkins County Clerk Delivered By: TOWN OF ITHACA Return To: ITHACA TOWN OF Instrument Number *552505-002* 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. to V,-d,-x Tompkins County Clerk Please do not remove this page. 11111111111111111111111111111111111111111111111111111111 WALKWAY EASEMENT TOWN OF ITHACA WALKWAY PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 549 Warren Road Ithaca NY 14850 Town of Ithaca Tax Parcel Number: 70.-1-1 �+ �. THIS INDENTURE made as of the H day of ` 20V� BETWEEN: Dimitri Starostin and Olga Malysheva 549 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 and repair of such walkway across or upon the lands of the GRANTOR in the Town of Ithaca. The width of the easement and the approximate location are shown on the attached map. The width of the easement and the approximate location are 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 Tim 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 OWNER(s) SIGNATURE L.S. L.S. L.S. State of New York, County of Tompkins SS: On the 11 day of in the year ��_ 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, exe yted the instru en . SHAKM H CAWVANE" No" K"c - Sk tM of Now York 04W,4V� NO. 01 CM81$257AaO—/(J Qualmsd In TompkMa NOTARY PUBLIC My Comm1won Expires IL I TOWN OF ITHACA BY l 1' tC. r ► 4 �� ► State of New York, County of Tompkins SS: On the 1!3-- day of in the year 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 exe d the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the er]!, ehalf of whic the individual(s) acted. executed the instrument.///�{Lj NOTARY PUBLIC PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Oualified in Tioga County Commission Expires December 4, 20D Dimitri Starostin and Olga Malysheva R.O. Existing Road ROW Easement man e n t 9- -c. 549 Warren Rd Pe�monent Easement Through the lands of Tax Parcel U®r OA 4-30-09 70 - 1 - 1Town of Ithaca,Warren Rood Wo l k woy 1 =20' Tompkins County, New York N 00 3 U O 3 N 2 N ff Cr �� : �� ; x G /� 2�� . � G