HomeMy WebLinkAbout552505-004Q�,NSCo Aurora R. Valenti
° TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
f
(607) 274-5431
Fax: (607) 274-5445
No. of Pages:
(including this
coverpage)
Receipt No.
Date:
Time.
Document Type:
Parties
To Transaction:
Town/City
4
552505
12/23/2009
10:56 AM
easement
CU
Deed Information
Taxable Consideration: $0.00
State Transfer Tax- $0.00
County Transfer Tax: $0.00
RETT No. 02958
State of New York
Tompkins County Clerk
Delivered By:
TOWN OF ITHACA
Return To:
ITHACA TOWN OF
Instrument Number
*552505-004*
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
J,, � to- r" �, - X
Tompkins County Clerk
Please do not remove this page.
11111111111111111111111111111111111111111111111111111111
IIII
RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made this 2611, day of lu e, 2007 by and between
CORNELL UNIVERSITY, an education corporation chartered by the State of
New York, c/o Real Estate Office, Box DH, Cornell University, Ithaca, NY 14853
("Grantor") and the TOWN OF ITHACA, an incorporated municipality of the
state of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850
(the "Town").
WITNESSETH: That the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration received from the Town, does
hereby grant and release unto the Town, its successors and assigns, a permanent
RIGHT-OF-WAY and EASEMENT to make observations of, inspect, maintain, lay,
construct, operate, alter, repair, remove, replace or change the size of certain
drainage, stormwater and/or sediment control facilities, including ditches, ponds,
swales, and other and related appurtenances and devices, together with the rights
of free ingress and egress in, over, upon and under the portions of the lands of
the campus of the Grantor situate within the Town of Ithaca, County of
Tompkins, and State of New York which now or hereafter contain, or shall
contain, such drainage, stormwater and/or sediment control facilities, including
ditches, ponds, swales, and other and related appurtenances and devices pursuant
to certain site plan approvals, subdivision approvals, special permits, or other
project approvals granted or to be granted by the Town's Planning Board or
other Town Boards or officers, (the "Facilities") and including the right to trim
and/or remove obstructing trees, shrubs and other obstructions, with the timing of
such access governed by an Operation, Maintenance, and Reporting Agreement
made and entered into by the Grantor and the Town effective the 2611, day of June,
2007 and recorded concurrently herewith (the "OM&R Agreement"),
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures shall be constructed which will in any way interfere with
reasonable access by the Town, its successors, assigns, employees and agents to
make observations of, inspect, maintain, lay, construct, operate, alter, repair,
remove, replace or change the size of any Facilities.
AND, Grantor further covenants and agrees:
1. Grantor, for itself and all of its successors and assigns, covenants and
agrees that no buildings or structures shall be constructed which will in any way
interfere with reasonable access, as set forth in the OM&R Agreement or in this
Easement and Right -of -Way, by the Town, its successors, assigns, employees and
agents to make observations of, inspect, maintain, lay, construct, operate, alter,
repair, remove, replace or change the size of any Facilities.
September 18. 2009
2. Grantor, for itself and all of its successors and assigns, covenants and
agrees that no trees or other plants will be planted or cultivated that may
interfere with the said access and right-of-way to said Facilities.
3. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will not permit or conduct any mining, excavation, construction or
blasting within said easement and right-of-way without the written permission
of the Town, which permission shall not be unreasonably withheld, and Grantor
further covenants and agrees that it will not engage in any conduct, directly or
indirectly, that blocks, obstructs, or interferes with the ingress and egress rights
of the Town, its successors, assigns, employees and agents as set forth in the
OM&R Agreement or in this Easement and Right -of -Way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will place the following provision in all conveyances of the
property or portions thereof that contain Facilities that are covered by this
easement, or any rights therein:
"Being the purpose of the said access easement and right -of way to
convey rights to the Town of Ithaca for drainage, storm sewer,
sediment control and stormwater management purposes, including
the conveyance of rights to said Town to make observations of,
inspect, maintain, lay, construct, operate, alter, repair, remove,
replace or change the size of drainage, stormwater and/or sediment
control facilities, including ditches, ponds, and other and related
appurtenances and devices, together with the rights of reasonable
ingress and egress in, over, upon and under the below -described
permanent easement and right-of-way, and including the right to
trim and/or remove trees, shrubs and other obstructions: all of which
rights are (1) set forth in a permanent easement and right-of-way to
the Town, the terms, obligations and conditions of which are
expressly incorporated herein, and (2) assignable by the said Town to
any successor or assign, or to any Drainage District or other District
now existing or hereafter to be formed."
AND FURTHER, Grantor and the Town acknowledge that the easement and
rights -of -way hereby granted are fully assignable by the Town, without
prejudice or recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns for so long as any Facilities are legally required to be located
within the said right-of-way and easement. In the event that any particular Facility
is removed, abandoned, or discontinued pursuant to all applicable requirements
September 18, 2009 2
and no functioning Facility remains in its place, then upon the written consent of
the Town this right-of-way and easement shall cease and be extinguished as to the
Facility that was so removed, abandoned, or discontinued, and the Town shall,
upon request of the Grantor, sign the appropriate document in recordable form
confirming the same.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day
and year first above written.
IN PRESENCE OF
4CRNELL UN][VERSITY, RA OR
BY: Joanne M. DeStefano
TITLE: Vice President for Financial Affairs
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss:
On the ( ',day of"6,2-r , in the year 200 I before me, the undersigned, personally
appeared ,,jnont.- 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 erson upon behalf of
which the individual acted, executed the inst m nt.
Notary Public
Z-010
Scpten,bei 18.2009 3