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Home My WebLink About560707-001No. of Pages: (including this coverpage) Receipt No. Date: Time: Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 3 560707 06/23/2010 02:00 PM Document Type: EASEMENT/LEASE Parties To Transaction: WARRENWOOD 10 LLC Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No- 03926 State of New York Tompkins County Clerk Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Instrument Number *560707-001 * 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. Please do not remove this page. WALKWAY EASEMENT TOWN OF ITHACA WALKWAY PROPERTY, LOCATION: TOMPKINS COUNTY: [OWN OF 1 ITIACA Property Address: 600 Warren Road Ithaca NY 14850 Town of Ithaca Tax Parcel Number: 72.-1-2.1 1 THIS INDENTURE made as of the U day of 20-La. BETWEEN: Warrenwood 10 LLC referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH. WHEREAS, GRANTEE has an easement for the Construction and Maintenance of a Walkway WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the a walkway must cross or encroach upon private property for the above reasons; NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of (lie community, and otherwise, and in firrther consideration of the covenants herein contained and other good and sufficient consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and assigns forever: A permanent easement to enter upon for the purpose of maintenance and repair of such walkway across or upon the lands of the GRANTOR in the Town of Ithaca. The Grantee shall have a non-exclusive easement subject to all pre-existing easements on the property and will not interfere with the rights of any existing easement holders. The width of the easement and the exact location are shown on the attached map and described on schedule A. The Town will mark out the location of the walkway and casement and meet with the agent of the owner prior to the beginning of construction. No shrubs, trees or ornamental plantings will he disturbed without prior approval of owner. The Town will grade and fill as well as replace any items affected by the construction of the Walkway. The Town of Ithaca will have the responsibility of maintaining and repairing the walkway including but not limited to plowing in the winter. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such liens) of the easement granted hereby: lien All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas or any other facilities constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to said property covered by said easement, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to the walkway or other facilities. Whenever any work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed; the premises will be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably possible. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. If any damage is caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street. Ithaca. New York, immediately following any such damage or failure to restore the propeqy. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any who performed the work on the Project Any action against the Town must be commenced within two years from the happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. EASEMEN I -- Town of Ithaca Walkwav Easement This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assi-ns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien. OWNER(s) NAME n ) on State of New 14erk, County of Tom" r SS: On the � S- day of �) in the year L'wn SokOmoc�' OWNER s IGNAT E 1_.. S. f.. S. obefore me, the undersigned. personally appeared. Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s). or the person upon behalf of which the individual(s) acted, executed the instrument. NOTA R PUBLIC N Pubs TOWN OF ITHACA BY v . I E—, = -- otary State of New Jersey Nancy A. Padula My Appointment Expires July 29, 2012 r � ATURE State of New York, County of Tompkins SS: On the day ofin the year, before me, the undersigned, personally appeared. Personally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they exted {he same in his/her/their capacity(ies), ec and that by his/her/their signature(s) on the instrument, the individual(s), or the ers u behalf of, rich the }ndividual(s) acted, executed the instrument. NOTARY PUBLIC PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified in Tioga County Commission Expires December 4. 20 JL Schedule A: Town of Ithaca Easement ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, Being bounded and described as follows: BEGINNING at a point 36.7 +/- feet westerly from the centerline of Warren Road, along the corporation boundary of The Town of Ithaca and Village of Lansing and said course further described by the following: RUNNING THENCE South 81 ° 51' 2 1 " East for a distance of 16.00 feet to a point; RUNNING THENCE South 08' 43' 29" West for a distance of 23.77 feet to a point RUNNING THENCE South 65' 00' 00" West for a distance of 14.47 feet to a point; RUNNING THENCE South 09107' 54" West for a distance of 632.64 feet to a point; RUNNING THENCE South 04' 55' 04" West for a distance of 95,67 feet to a point: RUNNING THENCE North 80' 47' 24" West for a distance of 16.05 feet to a point: RUNNING THENCE North Oaf° 55' 04" East fora distance of 95.06 feet to a point: RUNNING THENCE North 09' 07' 54" East for a distance of 641.71 feet to a point: RUNNING THENCE North 65100' 00" East for a distance of 14.39 feet ton point: RUNNING THENCE North 08' 43' 29" East for a distance of 15.05 feet to a point and place of beginning. Said parcel containing 0.282 acres.