HomeMy WebLinkAbout556133-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 54
(including this
cover page)
Receipt No. 556133
Date: 03/18/2010
Time: 02:56 PM
Document Type: EASEMENT/LEASE
Instrument Number
*556133-002*
Delivered By:
STEWART TITLE INSURANCE CORP
Return To:
STEWART TITLE INSURANCE CORP
Parties
To Transaction: ITHACA COLLEGE TO FINGER LAKES
Town/City:
Deed Information Mortgage Information
Taxable Consideration: $0.00 Taxable Mortgage Amount:
State Transfer Tax: $0.00 Basic Mortgage Tax:
County Transfer Tax: $0.00
RETT No.: 03367
State of New York
Tompkins County Clerk
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.
111111111111111111111111111111111111111111111111111111111111
RECORDING REQUESTED BY- )
AND WHEN RECORDED MAIL TO: )
C Daniel Shulman, Esq. )
Shulman Curtin Grundner & Regan, P C )
250 South Clinton Street, Suite 502 )
Syracuse, New York 13202 )
Space Above Line for Recorder's Use Only
CONSERVATION EASEMENT
THIS CONSER PATION EASEMENT is made this J.;tJi" day of , 2010 by
ITHACA COLLEGE, an education corporation chartered by the State of New York, having a
principal office at 200 Job Hall, Ithaca, New York 14850 ("Grantor") in favor of the TOWN
OF ITHACA, a New York State Municipal Corporation with principal offices at 215 North
Tioga Street, Ithaca, New York (the "Town") and THE FINGER LAKES LAND TRUST,
INC., a New York State not -for -profit corporation with principal offices at 202 East Court
Street, Ithaca, New York (the "Land Trust") As further explained below, the term "Grantee" as
used herein shall refer to the Town and the Land Trust collectively for a period of five (5) years
from the date hereof, thereafter and in perpetuity the term Grantee shall refer only to the Town.
RECITALS
A. Grantor is the developer of that certain real property in the Town of Ithaca, County of
Tompkins, State of New York, commonly referred to as the Ithaca College Athletics and Events
Center (the "Project").
B. Grantor is the sole owner in fee simple of those portions of the Project legally described
on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by this reference
(the "Property"), which consists of approximately twenty four (24) acres.
C. This Conservation Easement provides mitigation for certain impacts of the Project by
Grantor pursuant to requirements of the United States Army Corps of Engineers' ("ACOE")
Section 404 Permit No. 2006-01 171 and amendments thereto ("Section 404 Permit"). Special
Condition No. 7 of the Section 404 Permit requires Cranto;, to record a Conservation Easement
on all mitigation sites. This Conservation Easement is intended and shall be deemed to satisfy
such part of Special Condition No. 7 as to the Property. The Property is and will remain in a
Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open
condition to maintain its ecological, historical, visual and educational values (collectively,
"Conservation Values").
D. Grantee is authorized to hold conservation easements pursuant to New York State
Environmental Conservation Law Section 49-0305 (3) (a); and
E. The ACOE is the Federal agency charged with regulatory authority over discharges of
dredged and fill material in waters of the United States pursuant to Section 404 of the Clean
Water Act.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to New York law, including New York State
Environmental Conservation Law Section 49-0301 et seq., Grantor hereby voluntarily grants and
conveys to Grantee a conservation easement in perpetuity over the Property of the nature and
character and to the extent hereinafter set forth ("Conservation Easement"). This Conservation
Easement shall run with the land and be binding on Grantor's heirs, successors, administrators,
assigns, lessees, and other occupiers or users of the Property or any portion of it.
Notwithstanding the foregoing, duration of this Conservation Easement as granted to the
Land Trust shall be limited to a period of five (5) years from the date of this Easement
agreement. Prior to the fifth anniversary of this Conservation Easement, the rights and
responsibilities conveyed to Grantee herein shall be shared equally by the Land Trust and the
Town; on and after the 51h anniversary the Town shall be the sole Grantee hereunder, including
all rights and responsibilities associated therewith.
1. Purpose.
(a) The Purpose of this Conservation Easement is to ensure the Property will
be preserved in a Natural Condition, defined herein, in perpetuity and to prevent any use of the
Property that will materially impair or interfere with the Conservation Values of the Property
(the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the
Property to such activities, including without limitation, those involving the preservation and
enhancement of native species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
(b) The term "Natural Condition," as referenced in the preceding paragraph
and other portions of this Conservation Easement, shall mean the condition of the Property, as it
exists at the time this Conservation Easement is executed, as well as future enhancements or
changes to the Property that occur directly as a result of the following activities:
(1) Compensatory mitigation measures required by the Section 404
Permit and as described in the Final Compensatory Wetland Mitigation Plan, Ithaca College
Athletics and Events Center dated March 5, 2009 ("Mitigation Plan"), the cover page and
Executive Summary of which are attached as Exhibit "C," including implementation,
maintenance, and monitoring activities (collectively, "Compensatory Mitigation");
(2) In -perpetuity maintenance ("Long - Term Maintenance"), that
occurs on the Property as described in Section 16 herein; or
(3) Activities described in Section 6 herein.
(c) Grantor certifies to the ACOE and Grantee, that to the Grantor's actual
knowledge, there are no structures or improvements existing on the Property at the time this
grant is executed. Grantor further certifies to the ACOE and Grantee that to the Grantor's actual
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knowledge, there are no previously granted easements existing on the Property that interfere or
conflict with the Purpose of this Conservation Easement as evidenced by the Title Report
attached at Exhibit "D." The current Natural Condition is evidenced in part by the depiction of
the Property attached on Exhibit "E," showing all relevant and plottable property lines,
easements, dedications, improvements, boundaries and major, distinct natural features such as
waters of the United States. In the Draft Supplemental Environmental Impact Statement for Ithaca
College's Athletics and Events Center, dated December 8, 2008 and revised January 9, 2009, and the
Final Supplemental Environmental Impact Statement dated February 23, 2009, Grantor has delivered
further evidence of the Natural Condition to Grantee and the ACOE consisting of (1) an aerial
photograph of the Property at an appropriate scale taken as close in time as possible to the date
this Conservation Easement is executed; (2) an overlay of the Property boundaries on such aerial
photograph; and (3) on -site photographs showing all man-made improvements or structures (if
any) and the major, distinct natural features of the Property.
(d) If a controversy arises with respect to the Natural Condition of the
Property, Grantor, Grantee or ACOE as a third party beneficiary, or any designees or agents of
Grantor, Grantee or ACOE, shall not be foreclosed from utilizing any and all other relevant
documents, surveys, photographs or other evidence or information to assist in the resolution of
the controversy.
(e) The term "Biological Monitor" shall mean an independent third -party
consultant with knowledge of aquatic resources in the Tompkins County area and expertise in the
field of biology.
2. Grantee's Rights. To accomplish the Purpose of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee. These rights are also granted
to the ACOE or its designees as a third party beneficiary of this Conservation Easement:
(a) To preserve and protect the Conservation Values of the Property; and
(b) To enter upon any and all parts of the Property at reasonable times in order
to monitor compliance with and to otherwise enforce the terms of this Conservation Easement;
and
(c) To prevent any activity on or use of the Property that is inconsistent with
the Purpose of this Conservation Easement and to require the restoration of such areas or features
of the Property that may be damaged by any act, failure to act, or any use that is inconsistent
with the Purpose of this Conservation Easement, and
(d) All mineral, oil, natural gas, air, and water rights necessary to protect and
to sustain the biological resources of the Property, provided that any exercise or sale of such
rights by Grantee shall not result in conflict with such Conservation Values, and
(e) All present and future development rights allocated, implied, reserved or
inherent in the Property, such rights are hereby terminated and extinguished, and may not be
used on or transferred to any portion of the Property, nor any other property adjacent or
otherwise; and
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(f) To enforce by any legal or equitable means, including, without limitation,
injunctive relief, the terms and conditions of this Conservation Easement.
3 Prohibited Uses. Any activity on or use of the Property inconsistent with the
Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited.
Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and
their respective guests, agents, assigns, employees, representatives, successors, and third parties
are expressly prohibited on the Property except as otherwise provided herein or unless
specifically provided for in the Section 404 Permit and any amendments thereto, the Mitigation
Plan, or any easements and reservations of rights recorded in the chain of title to the Property at
the time of this conveyance (as set forth on Exhibit D hereto):
(a) Supplemental watering except for habitat enhancement activities described in
Section 6( -,
(b) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals
or weed abatement activities, except weed abatement activities necessary to control or
remove invasive, exotic plant species and chemical pest control applications approved in
advance by Grantee as necessary to protect human or animal safety;
(c) Use of off -road vehicles and use of any other motorized vehicles except in the
execution of management duties;
(d) Livestock grazing or other agricultural activity of any kind,
(e) Recreational activities including, but not limited to, horseback riding and biking,
except walking and hiking on any footpaths open to the public shall be permitted;
(0 Residential, commercial, retail, institutional, or industrial uses,
(g) Any legal or de facto division, subdivision or portioning of the Property, except
transfers in accordance with Section 12 below,
(h) Construction, reconstruction or placement of any building, structure or other
improvement, billboard, or sign except those signs specifically allowed under- Section 4(e) and
Section 6(e),
(i) Dumping, depositing, or accumulating soil, trash, ashes, refuse, waste, bio-solids
or any other material,
6) Planting, introduction or dispersal of non-native or exotic plant or animal species;
(k) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, oil, natural gas, loam, gravel, soil, rock, sand or other
material on or below the surface of the Property;
M,E
(1) Altering the general topography of the Property, including but not limited to
building of roads, and flood control work, except as necessary to undertake the required
Mitigation Plan;
(m) Removing, destroying, or cutting of trees, shrubs or other vegetation, except for
(1) prevention or treatment of disease, (2) removal of dead or damaged trees, shrubs or other
vegetation with Grantees' prior approval, (3) removal of trees, shrubs or other vegetation that
presents safety or health hazards, (4) control of invasive species which threaten the integrity of
the habitat, (5) undertaking the required Mitigation Plan, or (6) activities described in Section 4,
Section 6 and Section 16,
(n) Manipulating, impounding or altering any natural watercourse, body of water or
water circulation on the Property except as is needed to undertake the required Mitigation Plan,
and activities or uses detrimental to water quality, including but not limited to degradation or
pollution of any surface or sub -surface waters.
4. Grantor's Duties. To accomplish the Purpose of this Conservation Easement as
described in Section 1, Grantor, its successors and assigns shall:
(a) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the Conservation Values of the Property, and
not knowingly allow others to perform any act on or affecting the Property that is inconsistent
with the terms of this Conservation Easement. In addition, Grantor shall undertake all necessary
actions to perfect Grantee's rights under Section 2 of this Conservation Easement, including but
not limited to Grantee's water rights; and
(b) Comply with the terms of this Conservation Easement and cooperate with
Grantee in the protection of the Conservation Values; and
(c) Repair and restore damage to the Natural Condition of the Property
directly caused by Grantor, Grantor's guests, representatives, employees or agents, or third
parties; provided, however, Grantor, its successors or assigns shall not engage in any repair or
restoration work in the Property without first preparing a Restoration Plan as provided in Section
16 c , and further provided that nothing contained herein shall preclude Grantor from seeking
reimbursement from any third party causing such damage for any cost or expense incurred by
Grantor in making any required repair or restoration; and
(d) Undertake construction, maintenance and monitoring of mitigated areas
pursuant to the Mitigation Plan until issuance of final approval from the ACOE confirming that
Grantor has successfully completed construction, maintenance and monitoring of mitigated areas
pursuant to the Mitigation Plan; and
16 herein; and
(e) Install signs set forth in Section 6 below; and
(0 Perform Long -Term Maintenance of the Property as described in Section
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(g) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes,
ordinances, rules, regulations, orders or requirements: and
(h) Prepare a monitoring and maintenance report when activities are
performed as set forth in Section 16(a) and (b) herein, and shall make such reports available to
the Grantee and ACOE upon request. When activities are performed pursuant to Section 16(c),
Grantor shall retain a Biological Monitor to prepare a detailed Restoration Plan and
oversee/monitor such restoration activities. Grantor shall have its Biological Monitor submit the
draft Restoration Plan to the Grantee and ACOE for review and written approval prior to its
implementation. Upon completion of restoration as specified in the approved Restoration Plan,
Grantor shall have its Biological Monitor prepare a detailed monitoring report, and Grantor shall
provide the report to the Grantee and ACOE within thirty (30) days of completion of restoration
activities. Said report shall be signed by Grantor, or its successor or assign, and the Biological
Monitor, and the report shall document the Biological Monitor's name and affiliation, dates the
Biological Monitor was present on -site, activities observed and their location, the Biological
Monitor's observations regarding the adequacy of restoration performance by the Grantor or its
contractor in accordance with the approved Restoration Plan, and implementation status of
recommended corrections.
5. Grantee's Duties. To accomplish the Purpose of this Conservation Easement as
described in Section 1, Grantee, its successors and assigns shall:
(a) In its discretion and as it deems appropriate, undertake actions to prevent
any activity on or use of the Property that is inconsistent with the Purpose of this Conservation
Easement; and
(b) Perform compliance inspections of the Property on at least an annual
basis, and shall make reports available to the Grantor and to ACOE upon request.
6. Reserved Rights. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Property, including
the right to engage in or to permit or invite others to engage in all uses of the Property that are
consistent with the Purpose of this Conservation Easement, including the following uses:
(a) Access. Reasonable access through all parts of the Property to perform
obligations or other activities permitted by this Conservation Easement or that are required under
the Section 404 Permit. In addition, subject to the Grantee's prior written approval, Grantor
retains the right to construct footpaths through those upland portions of the Property, located at
least 50 feet fi•om existing or created wetlands, provided that said footpaths are constructed in a
way that minimizes disturbance of natural habitats.
(b) Habitat Enhancement Activities. Enhancement of native plant
communities, including the right to plant trees and shrubs of the same type as currently existing
on the Property, so long as such activities do not harm the habitat types identified in the Section
404 Permit or Mitigation Plan. For purposes of preventing erosion and reestablishing native
vegetation, the Grantor shall have the right to revegetate areas that may be damaged by the
permitted activities under this Section 6, naturally occurring events or by the acts of persons
wrongfully damaging the Natural Condition of the Property. Prior to any habitat enhancement
activities, the Grantor shall have its Biological Monitor submit detailed plans to the Grantee and
ALOE for review and written approval. Habitat enhancement activities shall not be in direct or
potential conflict with the preservation of the Natural Condition of the Property or the Purpose of
this Conservation Easement and shall be performed in compliance with all applicable laws,
regulations, and permitting requirements.
(c) Research & Educational Activities. Reasonable access to the Property to
utilize the site for research and educational purposes, provided that said activities are non -
consumptive in nature and do not significantly affect the Conservation Values (as defined in
Recital C above) of the Property.
(d) Vegetation, Debris, and Exotic Plant Species Removal. Removal or
trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris,
removal of non-native or exotic plant species. Vegetation, debris, and exotic plant species
removal shall not be in direct or potential conflict with the preservation of the Natural Condition
of the Property or the Purpose of this Conservation Easement and shall be performed in
compliance with all applicable laws, regulations, and permitting requirements.
(e) Erection and Maintenance of Informative Signage. Erection and
maintenance of signage and other notification features saying "Natural Area Open Space,"
"Protected Natural Area," or similar descriptions that inform persons of the nature and
restrictions on the Property (similar in nature to posting no hunting signs). The erection and
maintenance of informative signage shall not be in direct or potential conflict with the
preservation of the Natural Condition of the Property or the Purpose of this Conservation
Easement and shall be performed in compliance with all applicable laws, regulations, and
permitting requirements. Following the erection of the signs, Grantor shall provide Grantee and
ACOE with a detailed plan showing the text and locations thereof.
(0 No Interference with Development of Adjoining Property.
Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement
is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and
assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the
portions of the Project not constituting the Property, (2) installing and/or maintaining the
subsurface infrastructure improvements, utility lines, landscaping (including irrigation and
runoff), landscape mitigation, and/or similar non-structural improvements upon portions of the
Project not constituting the Property, and/or (3) developing adjoining property for any purposes,
except as limited by any local, state or federal permit requirements for such development and
provided that for all of the above clauses (1), (2) and (3) neither such activity nor any effect
resulting from such activity amounts to a use of the Property, or has an impact upon the Property,
that is prohibited by Section 3 above.
7. Enforcement.
(a) Third Party Right to Enforce. Grantor grants to the ACOE, the U.S.
Department of Justice, and the State Attorney General a discretionary right to enforce this
Conservation Easement in a judicial or administrative action against any person(s) or other
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entity(ies) violating or attempting to violate this Conservation Easement, provided, however, that
no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The
ACOE, U.S. Department of Justice, and the State Attorney General shall have the same rights,
remedies and limitations as Grantee under this Section 7 The rights under this Section are in
addition to, and do not limit enforcement and other rights conferred to Grantee in Section 2
above, the rights of enforcement against Grantor and its successors or assigns under the Section
404 Permit, or any rights in the various documents created thereunder or referred to therein.
(b) Notice.
(1) If Grantee determines Grantor is in violation of the terms of this
Conservation Easement or that a violation is threatened, Grantee may demand the cure of such
violation. In such a case, Grantee shall issue a written notice to Grantor (hereinafter "Notice of
Violation") informing Grantor of the violation and demanding cure of such violation.
(2) Grantor shall cure the noticed violation within thirty (30) days of
receipt of said written notice from Grantee. If said cure reasonably requires more than thirty (30)
days, Grantor shall, within the thirty (30) day period, submit to Grantee for review and written
approval a plan and time schedule to diligently complete a cure. Grantor shall complete such
cure in accordance with the approved plan. If Grantor disputes the notice of violation, it shall
issue a written notice of such dispute (hereinafter "Notice of Dispute") to the Grantee within
fifteen (15) days of receipt of written notice of violation.
(3) If Grantor fails to cure the noticed violation(s) within the time
period(s) described in Section 7(b)(2) above, or Section 7(d) below, Grantee may bring an action
at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the
terms of this Conservation Easement. A notice and expiration of the time period as described in
Section 7(b)(2) or Section 7(d), as applicable, are required before the Grantee may bring such an
action. In such action, the Grantee may seek to: (i) recover any damages to which it may be
entitled for violation by Grantor of the terms of this Conservation Easement, (ii) enjoin the
violation, ex parte if necessary, by temporary or permanent injunction without the necessity of
proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii)
pursue other legal or equitable relief, including, but not limited to, the restoration of the Property
to the condition in which it existed prior to any such violation or injury. Grantee may apply any
damages recovered to the cost of undertaking any corrective action on the Property. The
remedies described in this Section 7(b) shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity
(4) If Grantor provides Grantee with a notice of dispute, as provided
herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and time, not to
exceed thirty (30) days from the date that Grantee receives the notice of dispute. Grantee shall
consider all relevant information concerning the disputed violation provided by Grantor, and
shall determine whether a violation has in fact occurred and, if so, whether the notice of violation
and demand for cure issued by Grantee is appropriate in light of the violation.
(5) If, after reviewing Grantor's notice of dispute, conferring with
Grantor, and considering all relevant information related to the violation, Grantee determines that
a violation has occurred, Grantee shall give Grantor notice of such determination in writing.
Upon receipt of such determination, Grantor shall have thirty (30) days to cure the violation. If
said cure reasonably requires more than thirty (30) days, Grantor shall, within the thirty (30) day
period, submit to Grantee for review and written approval a plan and time schedule to diligently
complete a cure. Grantor shall complete such cure in accordance with the approved plan.
(c) Conflicting Notices of Violation.
(1) If Grantor receives a Notice of Violation from Grantee or ACOE
that is in material conflict with one or more prior written Notices of Violation that have not yet
been cured by Grantor (hereinafter "Active Notice(s) of Violation") such that the conflict makes
it impossible for Grantor carry out cure consistent with all prior Active Notices of Violation,
Grantor shall give written notice (hereinafter "Notice of Conflict") to the agency or agencies
issuing the later, conflicting Notice(s) of Violation. Grantor shall issue said Notice of Conflict to
the appropriate agency or agencies within fifteen (15) days of the receipt of each such conflicting
Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity,
including a description of how the conflict makes compliance with all Active Notices of
Violation impossible.
(2) Upon issuing a valid Notice of Conflict to the appropriate agency,
as described above, Grantor shall not be required to carry out the cure described in the later,
conflicting Notice or Notices of Violation until such time as the agency or agencies responsible
for said later, conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is
consistent with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of
Violation, Grantor shall carry out the cure recommended in such notice within the time period(s)
described in Section 7(b)(2), above. Failure to cure within said time period(s) shall entitle
Grantee to the remedies described in Section 7(b)(3). If Grantee determines that immediate
curative action is needed, the provisions of Section 7(d) shall take precedence over those in this
Section 7(c)(2).
(3) The failure of Grantor to issue a valid Notice of Conflict within
fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of
Grantor's ability to claim a conflict.
(4) This Section 7(c) shall not apply to Section 7(d), below.
(d) Immediate Action. If Grantee determines that circumstances require
immediate action to prevent or mitigate significant damage to the Natural Condition or
Conservation Values of the Property, Grantee may immediately pursue all available remedies,
including injunctive relief, available pursuant to both this Conservation Easement and state and
federal law after giving Grantor at least twenty four (24) hours' written notice before pursuing
such remedies. So long as such twenty four (24) hours' notice is given, Grantee may
immediately pursue all available remedies without waiting for the expiration of the time periods
provided for cure or notice of dispute as described in Section 7(b)(2). The written notice
pursuant to this paragraph may be transmitted to Grantor by facsimile. The rights of Grantee
under this paragraph apply equally to actual or threatened violations of the terms of this
Conservation Easement. Grantor agrees that the remedies at law for Grantee for any violation of
the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to seek
the injunctive relief described in this Section 7, both prohibitive and mandatory, in addition to
such other relief to which Grantee may be entitled, including specific performance of the terms
of this Conservation Easement without the necessity of proving the inadequacy of otherwise
available legal remedies. The remedies described in this Section 7(d) shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity-
(e) Costs of Enforcement. Any costs incurred by Grantee, as the prevailing
party, in enforcing the terms of this Conservation Easement against Grantor including, but not
limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's
violation or negligence under the terms of this Conservation Easement, shall be borne and
reimbursed by Grantor.
(f) Enforcement Discretion. Enforcement of the terms of this Conservation
Easement shall be at the discretion of the Grantee. Any forbearance by Grantee to exercise
rights under this Conservation Easement in the event of any breach of any term of this
Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee
of such term or of any subsequent breach of the same or any other term of this Conservation
Easement or of any of the rights of Grantee under this Conservation Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
(g) Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury
to or change in the Property resulting from:
(1) Any natural cause beyond Grantor's control, including without
limitation, fire, flood, storm, and earth movement; or
(2) Any prudent action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to persons and/or the Property resulting from such
natural causes beyond Grantor's control.
Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and
approvals for any activity or use permitted by this Conservation Easement, and undertake any
activity or use in accordance with all applicable federal, state, local and administrative agency
statutes, ordinances, rules, regulations, orders or requirements.
8. Access. This Conservation Easement does not convey a general right of access to
the public or a general right of access to the Property. In accordance with Section 6(e), Grantor,
its successors or assigns shall install signage at all likely points of entry informing persons of the
nature and restrictions on the Property. The ACOE shall have the same rights of access as that
granted to the Grantee in Section 2(b). This Conservation Easement will allow for access to the
Property by third -party easement holders of record at the time of this conveyance at locations
designated in easements and reservations of rights recorded in the chain of title to the Property at
the time of this conveyance.
9. Costs and Liabilities. Grantor, its successors and assigns retain all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep,
and maintenance of the Property. Grantor agrees that neither Grantee nor ACOE shall have any
duty or responsibility for the operation, upkeep, or maintenance of the Property, the monitoring
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of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from
risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any
applicable governmental permits and approvals for any activity or use permitted by this
Conservation Easement, and any activity or use shall be undertaken in accordance with all
applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations,
orders and requirements.
(a) Conveyance "As -Is." Notwithstanding anything to the contrary contained
herein, it is understood between the parties that the easement rights conveyed by this
Conservation Easement are expressly subject to all matters of record as of the date of this
Conservation Easement is executed and are conveyed in an "AS IS" condition, "with all faults"
as of such date.
(b) Hold Harmless. Grantor, its successors and assigns shall hold harmless,
indemnify, and defend Grantee and its elected officials, public officers, directors, officers,
employees, agents, contractors, and representatives (collectively "Indemnified Parties") from
and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including without limitation, costs of defense, settlement, and reasonable
attorneys' fees, arising from or in any way connected with: injury to or the death of any person,
physical damages to any property (including loss of use), or any other type of damages, resulting
fi•om any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, unless due to the negligence of any of the Indemnified Parties, in
which case liability shall be apportioned accordingly. Grantor and its successors and assigns
further shall hold harmless, indemnify, and defend the Indemnified Parties from and against any
and all claims, costs, losses, expenses, fines, penalties, assessments, citations, damages,
liabilities, and the like (including without limitation, costs of defense, settlement, and reasonable
attorneys' fees), arising from or out of the existence (actual or alleged) of any and all
environmental contamination, Hazardous Materials (defined in Section 19(m)), or violations of
Environmental Laws (defined in Section 19(m)), in, on, under, about or affecting the Property.
Nothing contained in this Section 9(b) or elsewhere in this instrument shall be deemed to
preclude Grantor from seeking recourse against and reimbursement from any third party who has
caused such injury, death, physical or other damage, presence of environmental contamination
and/or Hazardous Materials, or a violation of the Environmental Laws in, on, under, about or
affecting the Property.
10, Taxes, No Liens. Grantor, its successors, and assigns shall pay before delinquency
all taxes, assessments, fees, and charges of whatever description, if any, levied on or assessed
against the Property by competent authority, including any taxes imposed upon, or incurred as a
result of, this Conservation Easement, and shall furnish Grantee or the ACOE with satisfactory
evidence of payment upon request. Grantor, its successors and assigns shall keep Grantee's
interest in the Property fi-ee from any liens.
11. Condemnation. The Purpose of the Conservation Easement is presumed to be the
best and most necessary public use. Nevertheless, if the Property is taken, in whole or in part, by
exercise of the power of eminent domain, Grantor and Grantee shall be entitled to compensation
in accordance with applicable law.
12. Subsequent Transfers.
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(a) By Grantee. This Conservation Easement is transferable by Grantee, but
Grantee may assign its rights and delegate obligations under this Conservation Easement only to
an entity or organization authorized to acquire and hold conservation easements pursuant to New
York State Environmental Conservation Law Section 49-0305 (or any successor provision then
applicable) and only with the prior written approval of the Grantor and ACOE. Grantee shall
require the assignee to assume in writing all of the obligations and responsibilities of the Grantee
herein and to record the assignment and assumption agreement in the county where the Property
is located.
(b) By Grantor.
(1) The covenants, conditions, and restrictions contained in this
Conservation Easement are intended to and shall run with the land and bind all future owners of
any interest in the Property. Grantor, its successors and assigns agree to (i) incorporate by
reference to the title of and the recording information for this Conservation Easement in any
deed or other legal instrument by which each divests itself of any interest in all or a portion of
the Property, including, without limitation, a leasehold interest and (ii) give actual written notice
to any such transferee or lessee of the existence of this Conservation Easement. Grantor, its
successors and assigns agree to give written notice to Grantee and ACOE of the intent to transfer
any interest at least forty-five (45) days prior to the date of such transfer. The failure of Grantor,
its successors or assigns to perform any act provided in this Section 12 shall not impair the
validity of this Conservation Easement or limit its enforceability in any way.
(2) From and after the date of any transfer of all or any portion of the
Property by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have
assumed all of the obligations of Grantor as to the portion transferred, as set forth in this
Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions
contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no
further obligations hereunder as to the portion transferred (except for any liabilities, including
any obligations under Section 9(b), for acts, omissions or conditions prior to transfer), and (iv)
all references to Grantor in this Conservation Easement shall thereafter be deemed to refer to
such transferee for the transferred portion.
13. Additional Easements. Grantor, its successors and assigns shall not grant
additional easements or other interests in the surface or subsurface of the Property without the
prior written authorization of Grantee and ACOE, which consent shall not be unreasonably
withheld. It shall be reasonable for Grantee and ACOE to withhold consent for the grant of
additional easements or other interest in the Property that are in direct or potential conflict with
the preservation of the Natural Condition of the Property as defined in Section 1(b) of this
Conservation Easement. Grantor or its successors and assigns shall record any additional
easements or other interests in the Property approved by the Grantee and ACOE in the official
records of Tompkins County, New York and shall provide a copy of the recorded document to
the Grantee and ACOE.
14. Notices. All notices, demands, requests, consents, approvals, or communications
fi-om one party to another shall be in writing and personally delivered or sent by facsimile,
certified mail -return receipt requested, or nationally recognized overnight delivery service.
-12-
Notices shall be deemed given upon receipt in the case of personal delivery or facsimile, and
upon delivery in the case of certified mail or overnight delivery service. Notices shall be given
to the persons set forth below and addressed as follows, or at such other address as any party
may from time to time specify to the other parties in writing by duly giving notice pursuant to
this Section:
To Grantor- ITHACA COLLEGE
315 Peggy Ryan Williams Center
Ithaca, New York 14850
FAX: 607-274-1619
To Grantee: TOWN OF ITHACA
215 North Tioga Street
Ithaca, New York 14850
FAX: 607-273-1704
THE FINGER LAKES LAND TRUST, INC.
202 East Court Street
Ithaca, New York 14850
FAX: 607- 275-0037
With a copy to: District Counsel
(for all notifications) U.S. Army Corps of Engineers
Buffalo District
1776 Niagara Street
Buffalo, New York 14207
FAX: 716-879-4310
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,
within seventy-two (72) hours after transmission of such a facsimile, the original documents that
bear the original signatures.
15. Amendment. Grantor and Grantee may amend this Conservation Easement only
by mutual written agreement and with the written consent of the ACOE. Any such amendment
shall be consistent with the Purpose of this Conservation Easement and shall not affect its
perpetual duration. Grantor or its successors and assigns shall record any amendments to this
Conservation Easement approved by the Grantee and ACOE in the official records of Tompkins
County, State of New York and shall provide a copy of the recorded document to the Grantee
and ACOE.
16. Long -Term Maintenance. Grantor, its successors and assigns shall be responsible
for in -perpetuity, ongoing, long-term maintenance of the Property. Such long-term maintenance
shall consist of the following activities: (a) annual removal of trash or man-made debris; (b)
annual maintenance of signage and other notification features pursuant to Section 6(e), and (c)
annual repair, remediation or restoration of the Property damaged by any activities prohibited by
Section 3 herein that has not been previously repaired, restored or remediated. Grantor, its
successors and assigns shall prepare a monitoring and maintenance report documenting activities
- 13 -
performed under subsection (a) and (b) above, and shall make such reports available to the
Grantee and ACOE upon request. When activities are performed pursuant to subsection (c)
above, Grantor, its successors and assigns, shall retain a qualified Biological Monitor to prepare
a Restoration Plan and to oversee/monitor such restoration activities. Grantor shall have its
Biological Monitor submit a draft Restoration Plan to the Grantee and ACOE for review and
written approval prior to its implementation. Upon completion of restoration as specified in the
approved Restoration Plan, Grantor shall have its Biological Monitor prepare a detailed
monitoring report, and Grantor shall provide the report to the Grantee and ACOE within thirty
(30) days of completion of restoration activities. Grantor, its successors or assigns and the
Biological Monitor shall sign the monitoring report, and the report shall document the Biological
Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed
and their location, Biological Monitor's observations regarding the adequacy of restoration
performance by the Grantor, its successors or assigns, or its contractor in accordance with the
approved Restoration Plan, and implementation status of recommended corrections.
17. Recordation. Grantor shall promptly record this instrument in the official records
of Tompkins County, New York and immediately notify the Grantee and the ACOE through the
mailing of a conformed copy of the recorded easement.
18. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute
and deliver to Grantor, its successors and assigns any document, including an estoppel
certificate, which certifies the compliance status of any obligation of Grantor, its successors and
assigns contained in this Conservation Easement and otherwise evidences the status of this
Conservation Easement as may be requested by Grantor, its successors and assigns.
19. General Provisions.
(a) Controlling Law. The laws of the United States and the State of New
York shall govern the interpretation and performance of this Conservation Easement.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of and to effect
the Purpose of this Conservation Easement and the policy and purpose set forth in New York
State Environmental Conservation Law Section 49-0301. If any provision in this instrument is
found to be ambiguous, an interpretation consistent with the Purpose of this Conservation
Easement that would render the provision valid shall be favored over any interpretation that
would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Conservation Easement, such action shall not affect the remainder
of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circumstances.
(d) Entire Agreement. This instrument together with the attached exhibits and
any documents referred to herein sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement. No alteration or variation of this instrument
shall be valid or binding unless contained in an amendment in accordance with Section 15.
- 14-
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(0 Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Property. The covenants hereunder benefiting Grantee
shall also benefit the ACOE as a third party beneficiary.
(g) Termination of Rights and Obligations. A party's rights and obligations
under this Conservation Easement shall terminate upon transfer of the party's interest in the
Conservation Easement or Property (respectively), except that liabilities, including any
obligations under Section 9(b), for acts, omissions or conditions prior to transfer shall survive
transfer.
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(1) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
0) Exhibits. All Exhibits referred to in this Easement are attached and
incorporated herein by reference.
(k) Subordination. No breach, enforcement or attempted enforcement of any
of the terms, covenants, conditions or restrictions of this Conservation Easement will defeat or
render invalid the lien of any mortgage or deed of trust securing a loan made in good faith and
for value with respect to the Property; provided, however, that all provisions of this Conservation
Easement will be binding upon and effective against any subsequent owner of the Property
whose title to the property or any portion of such is acquired by foreclosure, trust deed sale, or
otherwise. Grantor hereby represents to Grantee that, as of the date of this Conservation
Easement, the Property is not encumbered with any mortgage, deed of trust or other monetary
encumbrance except for liens for non -delinquent real property taxes and assessments.
(1) Consents. Whenever the consent or approval of either party is required to
be obtained hereunder, such consent shall not be unreasonably withheld, conditioned or delayed,
unless expressly provided otherwise herein.
(m) No Hazardous Materials Liability. Grantor represents and warrants that it
has no knowledge of any release or threatened release of Hazardous Materials (defined below)
in, on, under, about or affecting the Property. Despite any contrary provision of this
Conservation Easement, the parties do not intend this Conservation Easement to be, and this
Conservation Easement shall not be, construed such that it creates in or gives to Grantee any of
the following:
(1) The obligations or liabilities of an "owner" or "operator," as those
- 15-
terms are defined and used in Environmental Laws (defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U S.C. Section 9601 et seq ; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right or obligation to investigate and/or remediate any
Hazardous Materials associated with the Property, or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions
thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related
materials defined in CERCLA; the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the
New York Environmental Conservation Law, and in the regulations adopted and publications
promulgated pursuant to them, or in any other applicable federal, state or local laws, ordinances,
rules, regulations or orders now in effect or enacted after the date of this Conservation Easement.
The term "Environmental Laws" includes, without limitation, any federal, state, local or
administrative agency statute, law, ordinance, rule, regulation, order or requirement relating to
pollution, protection of human health or safety, the environment or Hazardous Materials.
Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of
the Property will comply with all Environmental Laws.
IN WITNESS WHEREOF Grantor and Grantee have executed this Conservation
Easement the day and year first above written and have agreed to be bound by the terms and
provisions hereof.
GRANTOR:
ITHACA COLLEGE,
By:
Name: 1 h} i�+�►�45 ,Z Z vc_t- -CW�1
Title: Ire&,
-16-
STATE OF NEW YORK
COUNTY OF TOMPKINS } SS.
On r L v L-) before me,
uuS -) --,r= c L - 0 L- , personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CRYSTAL L. YOUNG
Notary Public, State of New York
Qualified in Tompkins Co. 48398.02
Commission Expires May 31, k-L _
-17-
CERTIFICATE OF ACCEPTANCE
This is to certify thag�e,,iperest in real property conveyed by the Conservation Easement
by Ithaca College, dated Fvbrtb-y _Z2, 2010, to the Town of Ithaca and The Finger- Lakes Land
Trust, Inc. is hereby accepted by the undersigned officers on behalf of Grantee
Attes
Nam(
Title:
Date:
Attest:
Nam(
Title:
Date:
GRANTEE.
TOWN OF ITHACA
B
N
T.
D
THE FINGER LAKES -.AND T.R-U T PI (
By.
Name-
Title: v ti c �.
Date: i I
MOM
STATE OF NEW YORK
COUNTY OF TOMPKINS } SS.
On
Q G` I 2v i o
before me,
personally appeared
personally known to me (or proved to me o1i the basis of satisfactory evidence) to the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature �� ' �i� 0/1
CRYSTAL L. YOUNG
Notary Public, State of New York
Qualified in Tompkins Co. 12011
9
STATE OF NEW YORK 3, H
Commission Expires May .—
COUNTY OF TOMPKINS } SS.
( a� to before me,
personally appeared
personally known to me (or proved tome on the basis of satisfactory evidence) to the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CRYSTAL L. YOUNG
Notary Public, State of New York
Qualified in Tompkins Co. 4839 02
commission Expires May 31, 20
Exhibit A
Legal Description of Property
RAPONI PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and
State of New York, being known as part of Military Lots 86 and 97 in said Town, more particularly bounded
and described as follows
Commencing at a point in the centerline of Coddington Road at its intersection with northerly line of
lands of Ithaca College, said point being located 1,132 feet northerly along the centerline of Coddington Road
fi-om its intersection with the centerline of Rich Road;
RUNNING THENCE South 69 degrees 41 minutes 10 seconds West a distance of 524.10 feet to an iron
pin set at the point of beginning;
RUNNING THENCE South 69 degrees 41 minutes 10 seconds West through the lands of Ithaca College
a distance of 546.62 feet to an iron pin set;
RUNNING THENCE North 42 degrees 43 minutes 12 seconds West through the lands of Ithaca College
a distance of 225.52 feet to an iron pin set;
RUNNING THENCE North 05 degrees 20 minutes 10 seconds East through the lands of Ithaca College
a distance of 420.75 feet to an iron pin set;
RUNNING THENCE North 14 degrees 22 minutes 1 1 seconds East through the lands of Ithaca College
a distance of 185.25 feet to an iron pin set;
RUNNING THENCE North 27 degrees 45 minutes 49 seconds East through the lands of Ithaca College
a distance of 234.77 feet to an iron pin set;
RUNNING THENCE North 09 degrees 15 minutes 18 seconds West through the lands of Ithaca College
a distance of 135.70 feet to an iron pin set;
RUNNING THENCE North 73 degrees 37 minutes 26 seconds East through the lands of Ithaca College
a distance of 185.89 feet to an iron pin set;
RUNNING THENCE South 55 degrees 02 minutes 00 seconds East through the lands of Ithaca College
a distance of 207.77 feet to an iron pin set;
RUNNING THENCE South 23 degrees 23 minutes 33 seconds East through the lands of Ithaca College
a distance of 147.12 feet to an iron pin set;
RUNNING THENCE South 14 degrees 18 minutes 58 seconds West through the lands of Ithaca College
a distance of 138.34 feet to an iron pin set;
RUNNING THENCE South 1 1 degrees 42 minutes 01 seconds East through the lands of Ithaca College
a distance of 592 56 feet to an iron pin set at the point and place of beginning.
TOGETHER WITH the right, in common with others, to use the existing gravel driveway running
westerly fi-om Coddington Road through other lands of Ithaca College (being a portion of lands conveyed to
Ithaca College in Liber 804 of deeds at Page 177) and extending along and being contiguous to the southerly
boundary of the parcel described above for access, ingress and egress to and fi-om Coddington Road fi-om and to
the parcel described above, as such driveway is more particularly shown on the Survey Map of the Gennaro
Rapom Farm West Side of Coddington Road dated April 30, 1986 which Survey Map is annexed to and made a
part of that certain Easement Agreement dated March 20, 2009 between Ithaca College and the Town of Ithaca
as recorded in the Tompkins County Clerk's Office on April 3, 2009 as Instrument No. 540043-001.
For a more particular description thereof, reference is hereby made to a survey map entitled "Survey
Map Showing Proposed Conservation Easements for Wetland Mitigation Site, Ithaca College, Town of Ithaca,
Tompkins County, New York" dated June 10, 2009, revised December 9, 2009, and last revised January 27,
2010 by T G. Miller, P.0 , Engineers and Surveyors, Ithaca, New York, a Mylar of which is to be filed in the
Tompkins County Clerk's Office.
RICH ROAD PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and
State of New York, being known as part of Military Lot 97 in said Town, more particularly bounded and
described as follows:
Beginning at an iron pipe found at the southwesterly corner of lands now or formerly of Lesser
(562/196), said pipe being located 145.8 feet southwesterly from the westerly line of Coddington Road,
RUNNING THENCE South 37 degrees 52 minutes 54 seconds West along the northwesterly line of
Rich Road a distance of 455.29 feet to a point at the southeast corner of lands now or formerly of Hanrahan
(452458-001);
RUNNING THENCE North 48 degrees 53 minutes 27 seconds West along the lands now or formerly of
Hanrahan (452458-001) a distance of 215.54 feet to an iron pin found;
RUNNING THENCE South 37 degrees 35 minutes 08 seconds West along the lands now or formerly of
Hanrahan (452458-001) and Welch (614/847) passing through an iron pin found at a distance of 168.53 feet,
and continuing 41.20 feet to an iron pin found, a total distance of 209.73 feet to an iron pin found,
RUNNING THENCE South 41 degrees 43 minutes 08 seconds West along the lands now or formerly of
Welch (614/847) a distance of 190.00 feet to an iron pipe found;
RUNNING THENCE South 37 degrees 31 minutes 17 seconds West along the lands now or formerly of
Sincock (896/62) passing through an iron pipe found at a distance of 138.26 feet, a total distance of 143.36 feet
to a point;
RUNNING THENCE North 54 degrees 18 minutes 50 seconds West along the lands now or formerly of
Ryan (661/838) a distance of 99 25 feet to a point located 1 6 feet southwesterly of an iron pin found;
RUNNING THENCE North 24 degrees 06 minutes 50 seconds West through the lands of Ithaca College
a distance of 761.95 feet to a point located 1 0 feet south and 0.4 feet east of an iron pin found at the southwest
corner of lands now or formerly of Burlingham (825/286).
RUNNING THENCE North 88 degrees 10 minutes 56 seconds East along the lands now or formerly of
Burlingham (825/286) and Munch (582/492) a distance of 306 88 feet to an iron pin found,
RUNNING THENCE North 88 degrees 14 minutes 38 seconds East along the lands now or formerly of
McBride (746/254), Miller (681/286), Hilbert (595/684) and Withiam (600/440), passing through an iron pin
found at distance of 220.83 feet and continuing a distance of 99 71 feet to an iron pin found, and continuing
74.93 feet, a total distance of 395 47 feet to a point,
RUNNING THENCE North 87 degrees 52 minutes 50 seconds East along the lands now or formerly of
Withiam (600/440), Lee (528012-001) and Cicchetti (519513-003), passing through an iron pin found at
distance of 23.27 feet and continuing a distance of 190.00 feet to an iron pin found, and then continuing a
distance of 128.0 feet to an iron pipe found in the westerly line of lands now or formerly of Lesser (562/196), a
total distance of 341.27 feet;
RUNNING THENCE South 41 degrees 44 minutes 44 seconds East through the lands of Ithaca College
(539/62,65) a distance of 199.00 feet to an iron pipe found at the point and place of beginning.
For a more particular description thereof, reference is hereby made to a survey map entitled "Survey
Map Showing Proposed Conservation Easements for Wetland Mitigation Site, Ithaca College, Town of Ithaca,
Tompkins County, New York" dated June 10, 2009, revised December 9, 2009, and last revised January 27,
2010 by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York, a Mylar of which is to be filed in the
Tompkins County Clerk's Office.
Exhibit B
Map of Property
[See Attached]
II �----------------------------1 ------------------------
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SURVEY MAP e P
Qi g°'G4 SHOWING PROPOSED CONSERVATION EASEMENTS IIIO CH
lIa®�a FOR WETLAND MITIGATION SITE
¢ E ilh�l�gp� ITHACA COLLEGE
O0 F •� s•e mww of, muCw TowmaHs cou r. HEM roan h
Exhibit C
Mitigation Plan
[See Attached]
lthacdipollege
AthletZ'a nd Events Center' 0 It 71
Wetland Mitigation Plan March 5, 2009
Ll I.,
Final Compensatory Wetland
Mitigation Plan
Ithaca College
Athletics and Events Center
Ithaca, NY
Mr. Rick Couture
Vice President of Facilities
Ithaca College
Ithaca, NY
March 5, 2009
Prepared By.,
LeCain Environmental Services, Inc.
MSI Landscape Architects
462 South Ludlow Alley
Columbus, Ohio 43215
Aubum Field ()jfi0,u
FlecelV83d
MAR o 9 2009
USACE
L
L
L
Ithaca College
Athletic and Events Center
Wetland Mitigation Plan
1.0 Introduction
Page 1
March 5, 2009
The 404 permit applicant, Ithaca College (IC), proposes to develop approximately 40
acres of their 360 acre property for an athletic and events center (Site)). As part of
the 404 permit approval process IC is submitting this Compensatory Wetland
Mitigation Plan planned for IC lands immediately to the south of the areas planned
for impact (Figure 1). The areas planned for impact have a mix of slope wetlands
associated with areas of upwelling ground water, and riverine wetlands associated
with high groundwater and surface flooding of ephemeral and intermittent
waterways.
A wetland delineation of the tracts (LeCain Environmental Services, Inc., 2007) and
construction overlay revealed 2.67 acres of potential impacts to these wetlands
planned in phase 1 of the project. An additional 0.10 acres of wetland impacts are
planned in association with the project. However, these areas will not be impacted
until at least 5 years in the future. Of note, this plan outlines mitigation for the entire
2.77 acres of planned impacts to jurisdictional areas. Wetland areas planned for
disturbance are illustrated in Appendix A.
L Some locations on the IC property were formerly cleared farm land as evidenced by
anecdotal reports and abandoned farm implements. Dr. Robert Wesley and Dr,
Nancy Ostman conducted comprehensive assessment of cover types in 2001
i (Figure 2). The areas have converted to primarily northern successional hardwood
forest and successional scrubland. The locations proposed for construction of
compensatory mitigation wetland are almost entirely successional scrubland
dominated by non-native and invasive species and are not within areas delineated
as "key areas" by Wesley and Ostman (Figure 2).
L' Mitigation is needed to replace (i.e. mitigate) the lost functional capacity of 2.77
acres of impacted riverine and slope wetlands community type. This document
describes mitigation plans and goals for these jurisdictional areas. In addition, this
document conceptually describes plans to enact a conservation easement on
constructed, mitigation wetlands, 1.84 acres of existing wetland on IC lands adjacent
i
to planned mitigation areas, and 77+ acres on IC lands identified as a conservation
priority by the Finger Lakes Land Trust (FLLT). FLLT will hold the conservation
easement on all IC lands proposed for protection. Of note, the 77+ acre easement
i discussed in detail in section 10.0 includes numerous wetlands and over 1,000 feet
of riparian corridor with fringing, riverine wetlands.
2.0 Mitigation Goals and Objectives
Maggie Crawford, Project Manager for The U.S. Army Corps of Engineers (USACE),
L visited the Site in October of 2007. Ms. Crawford has requested a 1.5/1
replacement ratio for impacted wetlands coupled with a significant wetland
Lpreservation plan both on and off -site. Therefore, the preliminary mitigation goal for
Ithaca College Page 2
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
the project is to replace the total wetland impact for the project of 2.77 acres with a
minimum of 4.50 acres of constructed wetland designed to match or exceed the
functional capacity of the impacted jurisdictional areas (Section 3.0).
Figure One: Topographic Location Map for Ithaca College's Planned Athletic
and Events Center and Proposed Wetland Mitigation Sites.
Ithaca College
Athletic and Events Center
Wetland Mitigation Plan
Page 3
March 5, 2009
Ecological Communities of South Hill
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-71
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Lased on a swey oonductad by
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in the Fall of2001. Mvw.ad
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Figure Two: Cover Types on Ithaca College's Undeveloped Lands.
Ithaca College Page 6
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
of their findings suggests the Rapponi site is suitable for the construction of
mitigation wetland (CU, 2008). In particular, the Cornell report suggests that flatter
areas of the Rapponi site (2-6% slopes) dominated by the Rhineback Silt Loam
(RKB) and Hudson Silty Clay (HsB) Loam soils would lend themselves to the
creation of wetland.
Also of note, the Cornell student group did not assess the suitability of the Rich
Road site. However, the Rich Road site is wholly dominated by the same RKB and
HsB soil types with matching 2-6% slopes (Appendix F). Accordingly, by these
criteria the Rich road site is equally suitable to the Rapponi site for the creation of
mitigation wetland. Finally, both the Rapponi and Rich road proposed mitigation site
have been surveyed for cultural resources and a concurrence letter has been issued
by the N.Y. State Office of Parks and Historic Preservation (OPHRP). This January
9, 2009 letter states that "---OPHRP recommends that the planned project will have
No Impact on historic properties" (Appendix G).
The post -construction, mitigation wetlands are planned to exceed FCU of the
impacted wetlands. Construction plans and details for wetland mitigation are
included in section 6.0 of this report and design figures are in Appendix C.
5.0 Responsible Party
The applicant (IC) is committed to ensuring the success of this mitigation project on
the property as a condition of the Section 404 permit for the proposed Athletic and
Events Center. A conservation easement for the potential mitigation sites, and
additional existing wetland and riparian areas on IC lands, is being enacted in
cooperation with the Finger Lakes Land Trust (FLLT) and the Town of Ithaca with
the goal of ensuring perpetual protection of all easement areas. Mitigation areas will
remain in a natural condition in perpetuity.
6.0 Mitigation Work Plan
6.1 Mitigation design
This mitigation design calls for the construction of 4.50 acres of irregularly -shaped
wetland within upland described in section 4.0. The wetland will tie into already
existing slope and riverine wetlands where possible and will incorporate areas of
ephemeral standing water. However, the total acreage and the type and function of
the mitigation wetlands will conform to the commitments in section 3.0. Once the
mitigation site has been deemed successful by the USACE, and mitigation
obligations have been met, no livestock grazing, roads, or other construction will be
allowed within the wetland. This area is to be left in a relatively natural state in
perpetuity. The created wetland will match or exceed the FCUs of the impacted
wetlands in all relevant categories (Table 1).
Ithaca College Page 7
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
6.2 Site topography, hydrology, vegetation, and soil
The construction of additional wetland habitat on the IC Property will be relatively
straightforward due to a high water table and the presence of hydrophytic vegetation
nearby all potential sites. Plans include construction of a series of 2-3 foot high clay
berms designed to impound surface and ground water flow (Appendix C). Of note,
clay was the dominate soil type encountered in 7 test pits constructed on site. In
addition, ground surface upslope of berms will be lowered to a final surface elevation
approximately 1-2 above average ground water level. This approach will yield eight
(8) interconnected wetland cells (Cells 1-4 on the Raponi site and 5-8 on the Rich
Road site) (Appendix C) resulting in creation of a total of 4.50 acres of mitigation
wetland (Table 2). Of note, the highest two feet of elevation on constructed berms
was not included in wetland credit calculations at it is less likely that wetland
characteristics will develop there. Within the wetlands cells slight changes in ground
surface topography (and resultant ground and surface water levels) through
excavation will affect the dominance and composition of vegetative species. The
combination of transplanting on -site wetland vegetation, broadcast seeding of
wetland species, and establishment of appropriate groundwater levels will assist in
the establishment of vegetative cover dominated by hydrophytic vegetation.
[4
I
Ithaca College Page 8
Athletic and Events Center
i
Wetland Mitigation Plan March 5, 2009
Table 2: Summary of Acreages for Wetland Cells for Planned Mitigation
Wetlands on the Proposed Site of Ithaca College's Athletic and Events Center.
1
0.76
Rapponi
2
0.92
Rapponi
3
0.78
Rapponi
4
0.88
Rapponi
5
0.30
Rich Road
6
0.23
Rich Road
7
0.32
Rich Road
81
0.31
Rich Road
Total Rapponi 3.34
Total Rich Road 1.16
11-11 12��� u' � � IM
6.3 Construction methods, timing and sequence
Construction will proceed with the stripping and salvage of the top 6 to 12 inches of
topsoil. Mitigation site elevation will then be reduced an estimated 1 to 3 feet to
produce a minimum of 4.50 acres that are within an average of 1-2 feet of the
normal groundwater elevation. Excavated clay materials will be used to construct
berms as discussed in section 6.2. Final contouring of the mitigation site will
incorporate slopes that will not exceed 3 feet horizontal to 1 foot vertical. Bottom
topography of'the excavated area will vary in elevation by as much as 1 foot to
encourage a diversity of wetland vegetation. The bottom of the created wetland and
bermed areas will then be covered with 6 to 12 inches of salvaged topsoil. Care will
be taken during topsoil replacement to ensure that the soils are not compacted by
heavy machinery.
Excavation of the mitigation site will be accomplished with tracked excavators,
dozers and dump trucks. Wetland construction will likely be completed in a 4-8 -
week time frame during the summer and fall of 2009.
6.4 Topsoil salvage and stockpile
As discussed above, the upper 6 to 12 inches of topsoil from the area of wetland
construction will be salvaged for reuse in the created wetland. Topsoil will be
temporarily stockpiled in windrows no wider than 6 feet at the base and no taller than
3 feet high. This reduces the development of anaerobic conditions within the
stockpile that could decrease the viability of the plant material and seed bank.
Ithaca College
Athletic and Events Center
Wetland Mitigation Plan
6.5 Erosion control measures
Page 9
March 5 2nn9
L T.G. Miller Engineers, IC project engineers, are developing a Storm Water Pollution
Prevention Plan (SWPPP) incorporating best management practices (BMP) to
control erosion during and immediately following wetland construction. BMPs will
_ include, but not be limited to, silt fence installed on the site between all areas of
wetland construction and any jurisdictional waterway. Silt fence will be monitored
daily during construction and monthly following construction until final vegetation
`— establishment has been achieved. In addition, a cover crop of annual rye will be
seeded to provide rapid establishment of vegetative cover.
6.6 Plant materials, scheme and timing for planting
It is likely that the potential sites will regenerate naturally over time with hydrophytic
sedges, grasses and forbs fostered by the local seed source and elevated
groundwater table. In addition, wherever practical disturbed areas will be
revegetated with transplanted wetland sod and shrubs collected from on -site.
Species available for on -site transplanting include:
• Juncus effusus (soft rush),
• Onoclea sensibilis (sensitive fern),
• Scirpus cyperinus (wool grass),
• Scirpus atrovirens (bulrush),
• Carex vulpinoidea (sedge),
_ ( Carex lurida (sedge),
• Carex scoparia (sedge),
• Euthamia graminifolia (narrow -leaved goldenrod),
• Solidago gigantea (smooth goldenrod),
• Comus racemosa (gray dogwood),
• Comus'sericea (red -osier dogwood).
The use of on -site vegetation for re -vegetation is the preferred method as these
propugules have established vigorous root masses and are adapated for local
conditions. In addition, to reduce the risk of weed infestation and soil erosion
immediately following post construction and for the first few growing seasons, any
remaining bare, disturbed areas will be seeded immediately after construction. The
seed mix will include early -establishing facultative and obligate wetland species with
soil -binding, rhizomatous root systems. In addition, a cover crop of annual rye will
be seeded to provide more immediate, shore term erosion control. These species
- can aid in erosion control and out -compete weed species for moisture and nutrients.
A suitable seed mix, developed by Dr. Robert Wesley of Cornell Plantations, is
suggested in Table 3, and may be adjusted as site conditions dictate.
Ithaca College - - - Page 10
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
Table 3: Planned Seed Mix for Revegetation of Disturbed Areas on IC's
Compensatory Mitigation Sites.
Lolium multiflorum annual rye NA 9.00
Asclepias incarnata swamp milkweed FACW 0.50
Bidens cernua bur -marigold OBL 3.00
Calamagrostis canadensis blue -joint grass OBL 12.00
Carex comosa sedge OBL 2.00
Carex lurida sedge OBL 5.00
_ Carex scoparia sedge FACW 8.00
Carex stipata sedge OBL 3.00
Carex vulpinoidea sedge OBL 10.00
_ Clematis virginiana white clematis FAC 0.25
Elymus virginicus wild -rye FACW- 20.00
Eupatorium maculatum joe-pye weed FACW 0.25
Eupatorium perfoliatum boneset FACW 0.25
Euthamia graminifolia narrow -leaved golden Solidago FAC 0.50
Iris versicolor blue -flag iris OBL 0.25
Juncus effusus soft rush FACW+ 3.00
Lobelia siphilitica blue lobelia FACW+ 0.10
Mimulus ringens monkey -flower OBL 0.50
Penthorum sedoides ditch stonecrop OBL 0.50
Poa palustris fowl bluegrass FACW 10.00
Scirpus atrovirens bulrush OBL 5.00
Scirpus cyperinus wool -grass FACW 5.00
Sparganium americanum bur reed OBL 3.00
Thalictrum pubescens tall meadow -rue FACW+ 0.25
Verbena hastata, blue vervain FACW+ 2.00
Post construction broadcast seeding will occur in early/late fall followed by harrowing
or raking to cover the seed and protect against predation. A late fall seeding will
allow selected species to over -winter thereby breaking dormancy, and assure the
presence of seed during optimal spring moisture conditions. If construction timing
dictates a spring seeding we will time it to coincide with optimal soil moisture and
temperature. If monitoring of the site indicates unsatisfactory establishment of
hydrophytic vegetation, site maintenance such as weed control, irrigation, re -seeding
of bare spots, control of wildlife herbivory, and mowing may be undertaken as
necessary.
6.7 Weed management
Control of un-desirable or invasive species may be needed on this site until the
desired vegetative community establishes. Reseeding as described in section 6.6
should provide appropriate short-term (immediately post construction) weed control.
Long-term weed management will be provided by annual wetland monitoring and
mapping of weed infestations for a period of five years. No more than 5% areal
cover shall be vegetated with the following species: garlic mustard (Alliaria
r
s
Ithaca Coliege-_
---- -- ----- - -- - - - -- -Page 11 - --
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
( petiolata), multiflora rose (Rosa multiflora) purple loosestrife (Lythrum salicaria),
reed canarygrass (Phalaris arundinacea), common reed (Phragmites australis),
buckthorn (Rhamnus spp), narrowleaf cattail (Typha angustifolia), hybrid cattail
(Typha glauca), and honeysuckle (Lonicera spp.). Corrective measures shall be
implemented to preclude the growth of the above listed species throughout the 5
year monitoring period should they appear within the wetland mitigation areas.
Long-term (20-year +) goals for the site included the development of scrub -shrub
wetland dominated by native shrubs including native dogwood (Corpus spp.) and
willow (Salix spp.) species. IC is committed to the creation and long-term
E . maintenance of this type of habitat and is able to commit student and faculty
i resources to this effort.
7.0 Success Criteria
— LES has established the following criteria to determine the success of the mitigation
project in achieving the goals set forth in Section 3.0 of this plan. If the mitigation
area does not meet the success criteria below within five post construction growing
seasons, the responsible party will identify the cause of failure and develop a
contingency plan to remedy the situation on -site. If an on -site remedy is not
practicable or feasible, the responsible party may have to select another mitigation
= site to fulfill the mitigation obligation.
In the event of contingency plan, heavy weed control, or herbivory control
( implementation, these success criteria may be re-evaluated by the USACE and re-
designed to reflect the specific contingency, weed, or hebivory control actions taken.
7.1 Criteria after three, post constructions seasons
1. Establishment of a minimum of 4.50 acres of wetland habitat that satisfy
the 1987 USACE manual wetland criteria.
2. Inundation or saturation of the wetland for 12.5% percent of the growing
season. Groundwater elevation data or other evidence will be provided.
3. Development of hydric soils as described by the NRCS Hydric Soil
Criteria.
4. Development of a minimum of 80% areal cover of hydrophytic vegetation,
with no more than 50% of any one species.
5. Development of dominant vegetation with a wetland indicator status of at
least 50% FACW or wetter, with at least one OBL species.
6. Development of a floristic quality assessment index at the mitigation site
that is equal to or more than the impacted wetland (Andreas and Lichvar,
1995).
7. Development of FCU's that match or exceed those of disturb wetland
areas.
Ithaca College ________ ___ Page 12 -
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
8. Development of less than 5% cover of un-desirable, invasive species as
described in Section 6.7.
8.0 Monitoring Plan and Reporting Frequency
Monitoring requirements are as follows:
1. Seven screened, groundwater level monitoring wells have been installed
_ at the Raponi site and five have been installed at the Rich Road site. Well
water levels will be monitored and documented in January, April, May,
June, and July.
2. Plant sampling will occur once a year (during June or July) along two
permanently established transects at each site. Evidence of excessive
herbivory will be subjectively observed and documented.
3. Weed infestations, if found, will be documented, treated, and GPS
mapped once a year.
4. Photos will be taken once a year from consistent photo points.
5. One soil pit will be visually examined in each of the eight wetland cells
once a year.
6. The wetland boundaries at the mitigation sites will be GPS mapped to
obtain an accurate wetland area at the end of the five-year period.
Monitorina and reoortina freauencies are as follows:
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As -Built Drawings
November
As- built drawings of the constructed wetland.
2009
Year 1 Monitoring
November
Report will include the results of the yearly
Report
2010
monitoring requirements listed above.
Year 2 Monitoring
November
Report will include the results of the yearly
Report
2011
monitoring requirements listed above.
Year 3 Monitoring
November
Report will include the results of the yearly
Report
2012
monitoring requirements listed above.
Year 4 Monitoring
November
Report will include the results of the yearly
Report-
2013
monitoring requirements listed above
Year 5 Final
November
Report will include the results of the yearly
Monitoring Report
2014
monitoring requirements listed above, and the
final wetland area as determined by GPS
mapping.
Ithaca College ----------Page 13
Athletic and Events Center
Wetland Mitigation Plan March 5, 2009
9.0 Contingency Plan
A contingency plan may be necessary in the event of unforeseen and uncontrollable
circumstances such as altered site hydrology from upgradient or surrounding land
use changes. A contingency plan will be developed based on specific information
and circumstances on an as needed basis in consultation between IC, LES and the
USACE.
10.0 Wetland Preservation Conservation Easement
As discussed above in section 1.0 of this document, IC is enacting a conservation
easement agreement in cooperation with FLLT and the Town of Ithaca to preserve
the proposed constructed compensatory mitigation wetlands in a relatively natural
state in perpetuity. This conservation easement also includes approximately 1.85
acres of existing wetland adjacent to planed constructed wetland on the Rich road
site (Appendix E). In consideration for holding these easements IC is donating to
FLLT a 77-acre conservation easement on IC lands located in the Town of Newfield
(Figure Three and Appendix E). Andy Zepp, executive Director of the FLLT,
informed IC and LES in November of 2008 that this Newfield site, the Van Bus Kirk
Glen Site, is a local conservation priority and a natural focus area delineated as part
of the Tompkin's County Comprehensive Plan. This easement would preserve one.
of Tompkins's county's scenic gorge areas along with areas of mature hardwood
forest, a healthy, approximately 1000-foot riparian area along Van Bus Kirk Creek (a
tributary to Cayuga Inlet), and several 1/4+-acre slope wetlands associated with
apparent, possibly fractured bedrock, seeps along gorge slopes. Of note, though IC
owns portions of land on both sides of Piper Road in the town of Newfield the area
proposed to FLLT for a conservation easement is limited to the 77 acre parcel to the
south and east of Piper road. This parcel is outlined in yellow on the attached tax
map (Appendix E).
Exhibit D
Title Report
[See Attached]
-23-
40757373.7
rr
Ticor Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
BY
Ticor Title Insurance Company
Ticor Title Insurance Company, a California corporation ("Company"), for a valuable consideration, com-
mits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require-
ments, all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, Ticor Title Insurance Company has caused its corporate name and sea] to be
affixed by its duly authorized officers on the date shown in Schedule A.
Ticor Title Insurance Company
By / "..,..�)...
Attest
Countersigned:
Autho ' ed Signature
President
Secretary
FORM 73-83-06 (8/06) e i TA r.............e... 'rvu
CONDITIONS
I. The term mortgage. when used herein, shall include deed of trust, trust deed, or other secunty instrument.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in u nting, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amounts of Insurance is $2,000,000
or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You
may review a copy of the arbitration rules at <http://www.alta.orgl>.
FORM 74-83-06 (8/06) AI TA Commument - 2006
TICOR TITLE INSURANCE COMPANY
TITLE CERTIFICATE
Title No: 4301.55
Effective Date: November 10, 2009
2. Policy to be issued:
ALTA OWNER'S POLICY (2006)
Proposed Insured: TOWN OF ITHACA and FINGER LAKES LAND TRUST
Amount of Insurance: $10,000.00
3. The estate or interest in the land described or referred to in this Certificate and covered herein is:
EASEMENT
4. Title to the estate or interest in the land is vested in:
FEE SIMPLE:
ITHACA COLLEGE by the following deeds:
a. Warranty Deed dated September 12, 1997 and recorded in the Tompkins County Clerk's
Office on September 12, 1997 in Book 804 of Deeds at Page 177;
b. Warranty Deed dated December 31, 1974 and recorded in the Tompkins County Clerk's
Office on January 3, 1975 in Book 539 of Deeds at Page 65; and
C. Warranty Deed dated December 31, 1974 and recorded in the Tompkins County Clerk's
Office on January 2, 1975 in Book 539 of Deeds at Page 62.
5. The land referred to in this Certificate is described as follows:
SEE SCHEDULE A ATTACHED HERETO
THIS CERTIFICATE VALID ONLY IF SCHEDULE B IS ATTACHED.
1
RAPONI PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and
State of New York, being known as part of Military Lots 86 and 97 in said Town, more particularly bounded
and described as follows.
Commencing at a point in the centerline of Coddington Road at its intersection with northerly line of
lands of Ithaca College, said point being located 1,132 feet northerly along the centerline of Coddington Road
from its intersection with the centerline of Rich Road;
RUNNING THENCE South 69 degrees 41 minutes 10 seconds West a distance of 524.10 feet to an iron
pin set at the point of beginning,
RUNNING THENCE South 69 degrees 41 minutes 10 seconds West through the lands of Ithaca College
a distance of 546.62 feet to an iron pin set;
RUNNING THENCE North 42 degrees 43 minutes 12 seconds West through the lands of Ithaca College
a distance of 225.52 feet to an iron pin set;
RUNNING THENCE North 05 degrees 20 minutes 10 seconds East through the lands of Ithaca College
a distance of 420.75 feet to an iron pin set,
RUNNING THENCE North 14 degrees 22 minutes 1 1 seconds East through the lands of Ithaca College
a distance of 185.25 feet to an iron pin set;
RUNNING THENCE North 27 degrees 45 minutes 49 seconds East through the lands of Ithaca College
a distance of 234.77 feet to an iron pin set,
RUNNING THENCE North 09 degrees 15 minutes 18 seconds West through the lands of Ithaca College
a distance of 135.70 feet to an iron pin set;
RUNNING THENCE North 73 degrees 37 minutes 26 seconds East through the lands of Ithaca College
a distance of 185.89 feet to an iron pin set;
RUNNING THENCE South 55 degrees 02 minutes 00 seconds East through the lands of Ithaca College
a distance of 207.77 feet to an iron pin set;
RUNNING THENCE South 23 degrees 23 minutes 33 seconds East through the lands of Ithaca College
a distance of 147 12 feet to an iron pin set;
RUNNING THENCE South 14 degrees 18 minutes 58 seconds West through the lands of Ithaca College
a distance of 138 34 feet to an iron pin set;
RUNNING THENCE South I I degrees 42 minutes 01 seconds East through the lands of Ithaca College
a distance of 592.56 feet to an iron pin set at the point and place of beginning.
TOGETHER WITH the right, in common with others, to use the existing gravel driveway running
westerly fi•om Coddington Road through other lands of Ithaca College (being a portion of lands conveyed to
Ithaca College in Liber 804 of deeds at Page 177) and extending along and being contiguous to the southerly
boundary of the parcel described above for access, ingress and egress to and from Coddington Road from and to
the parcel described above, as such driveway is more particularly shown on the Survey Map of the Gennaro
Rapom Farm West Side of Coddington Road dated April 30, 1986 which Survey Map is annexed to and made a
part of that certain Easement Agreement dated March 20, 2009 between Ithaca College and the Town of Ithaca
as recorded in the Tompkins County Clerk's Office on April 3, 2009 as Instrument No 540043-001.
For a more particular description thereof, reference is hereby made to a survey map entitled "Survey
Map Showing Proposed Conservation Easements for Wetland Mitigation Site, Ithaca College, Town of Ithaca,
Tompkins County, New York" dated June 10, 2009, revised December 9, 2009, and last revised January 27,
2010 by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York, a Mylar of which is to be filed in the
Tompkins County Clerk's Office.
RiCH ROAD PARCEL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and
State of New York, being known as part of Military Lot 97 in said Town, more particularly bounded and
described as follows:
Beginning at an iron pipe found at the southwesterly comer of lands now or formerly of Lesser
(562/196), said pipe being located 145.8 feet southwesterly from the westerly line of Coddington Road;
RUNNING THENCE South 37 degrees 52 minutes 54 seconds West along the northwesterly line of
Rich Road a distance of 455.29 feet to a point at the southeast corner of lands now or formerly of Hanrahan
(452458-001);
RUNNING THENCE North 48 degrees 53 minutes 27 seconds West along the lands now or formerly of
Hanrahan (452458-001) a distance of 215.54 feet to an iron pin found;
RUNNING THENCE South 37 degrees 35 minutes 08 seconds West along the lands now or formerly of
Hanrahan (452458-001) and Welch (614/847) passing through an iron pin found at a distance of 168.53 feet,
and continuing 41.20 feet to an iron pin found, a total distance of 209 73 feet to an iron pin found;
RUNNING THENCE South 41 degrees 43 minutes 08 seconds West along the lands now or formerly of
Welch (614/847) a distance of 190.00 feet to an iron pipe found;
RUNNING THENCE South 37 degrees 31 minutes 17 seconds West along the lands now or formerly of
Sincock (896/62) passing through an iron pipe found at a distance of 138 26 feet, a total distance of 143.36 feet
to a point,
RUNNING THENCE North 54 degrees 18 minutes 50 seconds West along the lands now or formerly of
Ryan (661/838) a distance of 99 25 feet to a point located 1.6 feet southwesterly of an iron pin found;
RUNNING THENCE North 24 degrees 06 minutes 50 seconds West through the lands of Ithaca College
a distance of 761.95 feet to a point located 1 0 feet south and 0 4 feet east of an iron pin found at the southwest
corner of lands now or formerly of Burlingham (825/286),
RUNNING THENCE North 88 degrees 10 minutes 56 seconds East along the lands now or formerly of
Burlingham (825/286) and Munch (582/492) a distance of 306.88 feet to an iron pin found,
RUNNING THENCE North 88 degrees 14 minutes 38 seconds East along the lands now or formerly of
McBride (746/254), Miller (681/286), Hilbert (595/684) and Withiam (600/440), passing through an iron pin
found at distance of 220 83 feet and continuing a distance of 99.71 feet to an iron pin found, and continuing
74.93 feet, a total distance of 395.47 feet to a point,
RUNNING THENCE North 87 degrees 52 minutes 50 seconds East along the lands now or formerly of
Withiam (600/440), Lee (528012-001) and Cicchetti (519513-003), passing through an iron pin found at
distance of 23.27 feet and continuing a distance of 190.00 feet to an iron pin found, and then continuing a
distance of 128.0 feet to an iron pipe found in the westerly line of lands now or formerly of Lesser (562/196), a
total distance of 341.27 feet;
RUNNING THENCE South 41 degrees 44 minutes 44 seconds East through the lands of Ithaca College
(539/62,65) a distance of 199.00 feet to an iron pipe found at the point and place of beginning
For a more particular description thereof, reference is hereby made to a survey map entitled "Survey
Map Showing Proposed Conservation Easements for Wetland Mitigation Site, Ithaca College, Town of Ithaca,
Tompkins County, New York" dated June 10, 2009, revised December 9, 2009, and last revised January 27,
2010 by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York, a Mylar of which is to be filed in the
Tompkins County Clerk's Office.
Title No. 4301.55
TITLE CERTIFICATE
EXCEPTIONS FROM COVERAGE
The policy will not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) which arise by reason of
Any findings upon continuation of the abstracts of title to the date of closing.
2. Any matters disclosed on an accurate and up to date survey of the insured premises.
3. The lien of any outstanding sewer and/or water charges.
4. Compliance with Article 31 of the Tax Law (Real Estate Transfer Tax) is required before any
instrument evidencing a sale or transfer of this real property can be recorded.
5. Compliance with Section 253-B of the Tax Law (Credit Line Mortgage) is required before any
instrument evidencing a sale or transfer of this real property can be recorded.
6. The lien of any outstanding real property taxes.
7. No portion of the insured premises located within the bounds of Rich Road and Coddington
Road is insured hereunder.
8. Restrictions as set forth in a deed of Milton A. Teaney dated December 31, 1948 and recorded in the
Tompkins County Clerk's Office on February 15, 1949 in Liber 318 of Deeds at Page 148.
9. License and life estate reserved unto Mary Raponi in a certain Warranty Deed dated September 12,
1997 and recorded in the Tompkins County Clerk's Office on September 12, 1997 in Liber 804 of
Deeds at Page 177.
10. Easement Agreement dated May 20, 2009 between Ithaca College and Henry E. Hilker recorded in
the Tompkins County Clerk's Office on June 24, 2009 as Instrument No. 544093-001.
11. Easement Agreement dated March 20, 2009 between Ithaca College and the Town of Ithaca
recorded in the Tompkins County Clerk's Office on April 3, 2009 as Instrument No. 540043-001.
12. Historic Site Avoidance and Protection Plan for the Coddington Road Site recorded in the Tompkins
County Clerk's Office on May 15, 2008 as Instrument No. 526044-001.
13. Easement dated June 30, 1986 by Ithaca College to Town of Ithaca recorded in the Tompkins
County Clerk's Office on August 15, 1995 in Book 755 of Deeds at Page 283.
3
14. Subject to the rights of others to use the dhiveway which is a portion of the insured premises with
respect to the Raponi Parcel as more particularly described in Schedule A.
15. Survey Map Showing Proposed Conservation Easements for Wetland Mitigation Site, Ithaca College
Town of Ithaca and Tompkins County, New York dated June 10, 2009,m-4mt revised December 9; jj�'
1009 �rnade by T.G. Miller, P.C. shows an edge of pavement over a Property Line (Rich Road Parcel
Survey must be certified to this Company.
16. As to Ithaca College, this Company will require the following:
a. Certificate of Good Standing fi-om New York State, and
b. A corporate resolution authorizing the transfer and indentifying the officers authorized to
execute transfer documents.
7 �o
Authorized Signatory
SACJD\TTLRMOwner'sFinger Lakes Land Trust 2 rev.doe
11
ENDORSEMENT
Attached to and made a part of Policy No.
Issued by
TICOR TITLE INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
1 Covered Risk Number 2(c) is deleted.
The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and
which has now gained or which may hereafter gain priority over the estate or interest of the
insured as shown in Schedule A of this policy."
3. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents
imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records
that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i)
modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)
extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of
the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
DATED:
TICORTITLE INSURANCE COMPANY
BY ((?m./ Al �� / P nsldem
ATTEST
TICOR TITLE INSURANCE COMPANY
Validating Officer
or Agent
STANDARD NEW YORK ENDORSENIENT (5/1/07)
FOR USE WITH ALTA OWNER'S POLICY (6/17/06)
Exhibit E
Map of the major, distinct natural features on the Property
[See Attached]
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ITHACA COLLEGE
TOWN OF MPACA, TOMPKINS COUNTY, NEW YORK n