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HomeMy WebLinkAbout560588-003Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 4 (including this coverpage) Receipt No. 560588 Date- 6/22/2010 Time: 09:34 AM Document Type: MISC RECORDS Parties To Transaction: Town/City Deed Information Taxable Consideration: State Transfer Tax. - County Transfer Tax: RETT No.. - State of New York Tompkins County Clerk Delivered By: BARBARA ALDEN Return To: BARBARA ALDEN Instrument Number *560588-003* Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. J"� e r,&-- 'f- - Tompkins County Clerk Please do not remove this page. 111111111111111111111111111111111111111111111111111111111111 M r DECLARATION OF SHARED EASEMENT AND MAINTENANCE AGREE E,, T ,, ' This Declaration made 10 day of ", 2010, in accordance with the Town of Ithaca Planning Board Resolution No. 2010- , Barbara Alden and Ellen Baer hereby set forth a shared Easement and Maintenance Agreement as follows: WHEREAS, Barbara Alden and Ellen Baer are the owners in fee of premises located at 247 Dubois Road as more particularly described in a deed from Richard Lauterwasser and Linda Gibbs, dated April 24, 1985, and recorded in the Tompkins County Clerk's Office in Liber 609 of Deeds at page 121; and WHEREAS, Barbara Alden and Ellen Baer were granted a three (3) lot subdivision located at 247 Dubois Road, Town of Ithaca, Tax Parcel No.: 22-02-01.31, in accordance with the Town of Ithaca Planning Board Resolution No. 2010- ; and, WHEREAS, Subdivision approval was conditioned upon the submission of an Easement and Maintenance Agreement for a shared driveway; and, WHEREAS, Barbara Alden and Ellen Baer wish to memorialize in this Declaration, the agreement regarding shared driveway and the division of costs for maintaining the common driveway; and, THEREFORE, Barbara Alden and Ellen Baer hereby make the following Declaration that is intended to be binding on themselves as owners of Lots A, B and C and on the respective heirs, successors and assigns of the owners of Lots A, B, and C relating to the rights and obligations to the common driveway and to the necessary and proper maintenance and repair of the common driveway: 1. The owners of Lot C shall reserve and hereby do reserve a private right-of-way in common with the owners of Lots A and B, and the owners of Lot C shall grant and do hereby grant to the owners of Lots A and B, a permanent easement and private right-of-way in common with the owners of Lot C for ingress and egress over Lot C as shown on the survey map entitled "LANDS OF BARBARA ALDEN & ELLEN BAER 247 DUBOIS ROAD - TOWN OF ITHACA - TOMPKINS COUNTY - NEW YORK STATE -- PROPOSED LOT SPLIT" prepared by Stockwin Surveying, dated 30 October 2009, with said permanent easement and right-of-way delineated on the survey map as "Proposed 80' x 30' Shared Drive Owned by Lot C with a Right of Way Given to Lots A and B for Access" and running from Dubois Road to each of the lots. 2. The rights -of -way granted herein are appurtenant to the ownership of each lot and cannot be separated from the ownership of each lot nor can the easement be enlarged by any of the lot owners transferring the entire right or any part of it to a person or persons other than the owner of the lot to which this easement is appurtenant. 3. Each lot owner, their respective heirs, successors and assigns are bound to bear one-third (1/3) of all of the costs and expenses relating to the necessary and proper maintenance and repair of the portion of the driveway for which the easement and right-of-way is granted (the "common driveway"), including but not limited to: a. snow plowing or shoveling; b. filling of chuck holes; C. re -graveling; d. regrading and maintenance of drainage systems. The lot owners, their heirs, successors or assigns, shall not be responsible for the cost of any extraordinary repairs or maintenance such as black topping nor shall such an operation or similar operation be undertaken except with the express written consent of the other lot owners which consent will not be unreasonably withheld when such work is required to maintain the usability or the appearance of the common driveway area, or to maintain the common driveway in a state that is sufficient to permit access by emergency vehicles. 1 4. None of the users of the common driveway will at anytime, obstruct it or impede the use of the driveway, whether by parking vehicles on the driveway, placing barriers or objects on the driveway, or in any other manner, except as may be necessary to maintain or improve it, in which event the obstruction shall be for the minimum period necessary. S. No party shall permit the common driveway to suffer from waste, misuse or neglect. The parties further agree, jointly and severally, to maintain the common driveway in an adequate condition sufficient for access by fire and other emergency vehicles to any houses served by the common driveway. 6. In the event any action of one party, or one party's agents, contractors or invitees, causes damage to the common driveway, then that party shall be solely responsible for paying for and completing such repairs as may be necessary to restore the condition of the common driveway to its condition before the damage occurred. 7. The owners of Lot C are hereby designated as the Agent of the owners of Lots A and B for the purpose of contracting for and overseeing the repairs and maintenance authorized under this Declaration. Whenever it is practical to do so, the owners of Lot C will provide estimates to the owners of Lots A and B a reasonable time in advance of entering into a contract for the repairs contemplated herein. The owners of Lot C, however, shall have the sole power to enter into such contracts and may do so in her/his/their sole discretion. The owners of Lots A and B shall pay their share of the cost of repairs within 15 calendar days of the receipt of a letter or invoice from the owners of Lot C stating the total cost of the repair and the Lot owner's share of the cost. S. The rights and obligations hereunder may be enforced by injunction or by any other legal remedy by any of the other lot owners in the subdivision. The invalidity of any part or portion of this Declaration shall not invalidate any other part or portion of it. The rights and obligations under this Declaration shall run with the land and shall be enforced by and run for the benefit of each of the lot owners of this subdivision, their heirs, successors and assigns. If any expenses are incurred in the enforcement of any of the rights or obligations described herein, the violating lot owner shall be responsible for and will pay any and all reasonable expenses incurred, including but not limited to legal fees, court costs, investigative fees, and travel costs if the lot owner incurring the expenses prevails in any action for enforcement thereof. Whenever practicable, the parties to any dispute related to this Declaration shall consider the use of mediation through the Community Dispute Resolution Center or other appropriate agency. 9. Notwithstanding the foregoing, however, if the Town of Ithaca determines that the condition of the common driveway is such that it is not reasonable or it is unsafe for emergency vehicles to utilize the same, the owners of Lots A, B and C shall jointly and severally incur the costs necessary to upgrade the common driveway to a point where it can be safely and reasonably be used by emergency vehicles. All of the owners agree, on their behalf and on behalf of their respective heirs, successors and assigns, that in the event the driveway is not maintained to a status sufficient to provide emergency vehicle access in the reasonable judgment of the Town of Ithaca Highway Superintendent or similar Town officer, the Town of Ithaca may, but is not obligated to, enforce the obligations of the owners of Lots A, B and C to repair or upgrade the status of the driveway to a level sufficient to accommodate emergency vehicles as required by this Declaration. Any costs of the Town in enforcing this provision, including any court costs, reasonable expert fees and reasonable attorneys fees, shall be the obligation, jointly and severally, of the owners of all of the lots, their heirs, successors and assigns, and shall be paid immediately upon demand. 10. This Declaration may not be amended without the approval of the Town of Ithaca Planning Board, and any amendments must be made only by a written instrument signed by all of the then owners of Lots A, B and C. 2 In Witness Whereof, the Declarants have duly executed this instrument the first above written. Barbara Alden (aka- Barbara Aliffen Guttridge) Ellen Baer STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: day and year On the ay of in the year 2010 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) scribed to the within instrument and acknowledged to me that h she hey executed the same in his htheir capacity(ies), and that by his/her/their signature(s) on theument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. V??M!Y'19 F. VA77A ►j1j No"ry _ , ; ,w York Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS ss: On the day o L--�' in the year 2010 before me, t appeared personally known to me or proved to me evidence to be the individual(s) whose name(s) is (are) subscribed to acknowledged to me that he/she/they executed the same in his/her/their his/her/their signature(s) on the instrument, the individual(s), or the persoi indivi ual(s) acted, executed the instrument. L Notary Public MAR e! YN E. MA7.7A Notary ti Io oz r,iaw York No. in in ��:i1 "j lrC _; �1. i;�rno�.,n� ounfiY Commiss,on Expires November 30, 20 e undersigned, personally on the basis of satisfactory he within instrument and capacity(ies), and that by upon behalf of which the