The URL can be used to link to this page

Home My WebLink About556792-002Q�,NS Aurora R. Valenti 00 `'��' ��.� TOMPKINS COUNTY CLERK 4 .!, 320 North Tioga Street �•, ,• Ithaca, NY 14850 • ` (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 4 Delivered By: (including this ITHACA TOWN OF cover page) Receipt No. 556792 Return To: ITHACA TOWN OF Date: 04/01 /2010 Time: 01:49 PM Document Type: EASEMENT/LEASE Parties To Transaction: ITHACARE Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax* $0.00 County Transfer Tax: $0.00 RETT No. 03440 State of New York Tompkins County Clerk Instrument Number *556792-002* Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax. Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. c rd"t- Tompkins County Clerk Please do not remove this page. RIGHT-OF-WAY AND EASEME THIS INDENTURE is made this _th day of I=ebrtfary, 2010, by and . etween tke-ELI,ZABETH ANN CLUNE MONTESSORI SCHOOL OF ITHACA, INC., a Ne York_��1t�ertar�l--"" corporation with offices at 120 King Road East (sometimes also referred o as "East King Road"), Ithaca, New York 14850 (herein, the "Grantor") and The TOWN OF ITHACA, an incorporated municipality of the state of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (herein, and together with its elected officials, managers, officers, employees and agents, the "Town"). WITNESSETH: That the Grantor, in consideration of $1.00 and other good and valuable consideration paid by the Town, the receipt and sufficiency of which is hereby acknowledged by the Grantor, does hereby grant and release unto the Town, its successors and assigns forever, a RIGHT- OF-WAY and EASEMENT (herein together, the "Easement") to lay, construct, operate, maintain, alter, repair, remove, replace, or change the size of water lines, pipes and mains, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, upon, and under the below -described parcels and gores of land, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels and gores of land as situate in the Town of Ithaca, County of Tompkins and State of New York, as a more particularly described as follows: ALL THAT PORTION AND GORE OF A CERTAIN PARCEL OF LAND known and identified as the Montessori Elementary School of Ithaca Parcel, being located in the Town of Ithaca and known as Town of Ithaca Tax Parcel Number 43.-1-3.5, with the Easement area being more particularly located as depicted upon a certain survey map and grading plan entitled "Elizabeth Ann Clune Montessori School of Ithaca, Field of Dreams, 120 East King Road, Ithaca, NY", as drawn by T.G. Miller, P.C. (Kathryn Ann Wolf, R.A.L.), dated August 24, 2007, a copy of which is on file at the Office of the Town Clerk of the Town of Ithaca, which shows the area of the easement as a line running northeasterly across the Field of Dreams parcel to the East, as demarked by a line labeled "--- W----- W----- W---", with the area of the Easement being 20 feet wide along such demarked line as it enters upon Tax Parcel Number 43.-1-3.5 and the improvements situate thereupon, which demarked line is intended to identify the location of an existing water line, such that the Easement area is thus 10' on either side of such demarked line and/or 10' on either side of the centerline of the existing water line and FURTHER ALL THAT PORTION AND GORE OF A CERTAIN PARCEL OF LAND known and identified as the Montessori Elementary School of Ithaca Parcel, being located in the Town of Ithaca and known as Town of Ithaca Tax Parcel Number 43.4-3.5, with the Easement area being more particularly located as depicted upon a certain survey map entitled "SURVEY MAP No. 120 EAST KING ROAD" dated September 30, 1996 as drawn by T.G. Miller P.C. (Lee Dresser, L.L.S.), a copy of which is intended to be filed contemporaneously herewith, which shows the area of a further utility and water line easement as being 20' wide and running along the southerly boundary of the said Montessori Elementary School of Ithaca Parcel, along the northerly boundary of said King Road East. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures shall be constructed within the aforesaid Easement area which will in any way interfere with complete access by the Town to lay, construct, operate, maintain, alter, repair, remove, replace or change the size of any water lines, pipes and mains, together with any and all necessary or desirable related appurtenances and devices. Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures shall be constructed or placed within the aforesaid Easement area. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said Easement area or access thereto. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction, or blasting within said Easement area. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town. AND FURTHER, Grantor and the Town acknowledge that the Easement hereby granted is fully assignable by the Town without prejudice or recourse. TO HAVE AND TO HOLD said Easement unto the Town, its successors and assigns forever, which said Easement shall forever run with the land, and Grantor does hereby further covenant as follows: (1) that the Town shall quietly enjoy the premise; (2) that the Grantor shall forever warrant title to the premises; and (3) that in compliance with §13 of the Lien Law, the Town will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. IN PRESENCE OF: MONTESSORI SCHO M-z ►- I .. � _�L_�1 � %!/�.ILa �/lam �GL STATE OF NEW YORK } COUNTY OF T OMPKII�S },�s.: O t_he 3 day o� �`yJin the year 2010, before me, the undersigned, personally appeared Aak% ]'fi personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within ' ument and acknowledged to me that he/she executed the same in his/her capacity, and that hi /her signature on the instrument, the individual, or the person upon behalf of which the individ I executed ent. otary Public ROBERT J. CLUNE Notary Public, Stat^ of New York No 5725525 Certified in Torq)kins Cni Term LNi>ms M y 31 -),) v?bin =: rbfs cE`' ` 1(Ch�dl [F f CdE�� W r ��3iyl5�C� g I W� d) f� �861 '7�y7ry`JVW \ �YO O Qzo� d i d5 � ` REJA IEE�3[`a as i i'ii°fie v p f — IrLL2 ��,a� pFe E;R� � ISE3I—L' d (J00 bd �d LL J