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Home My WebLink About560722-005Q�J"s Co Aurora R. Valenti TOMPKINS COUNTY CLERK } « 320 North Tioga Street «, ,• Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages: (including this cover page) Receipt No. Date, Document Type Parties To Transaction: Town/City 560722 06/23/2010 EASEME NT/LEAS E LUCENTE Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 03930 State of New York Tompkins County Clerk Delivered By: STEW IE Return To: STEWIE Instrument Number *560722-005* 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. Tompkins Count)f Clerk Please do not remove this page. ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE is granted as of the L day of, , 2010, by the TOWN OF ITHACA, a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as the "Town", to STEPHEN LUCENTE of 110 Willow Creek Point Road, Ithaca, New York 14850, hereinafter referred to as "Owner". WHEREAS, Owner is the owner in fee simple absolute of a parcel of land with improvements thereon in the Town of Ithaca, County of Tompkins, State of New York, commonly known and designated as 10 Sanctuary Drive, Ithaca, New York, Tax Parcel No. 73-1-9.8 (the "Premises"), as more particularly described in the following two deeds to Owner: (1) from Margie L. Hughes, dated August 17, 1994, and recorded in the Tompkins County Clerk's Office on August 26, 1994, in Liber 733 of Deeds at Page 1, and (2) from Patricia W. Lucente dated February 27, 1995, and recorded in the Tompkins County Clerk's Office on the same date, in Liber 745 of Deeds at Page 281, which deeds also conveyed other parcels; and WHEREAS, the Town was granted an easement by Rocco P. Lucente dated June 15, 1965, recorded in the Tompkins County Clerk's Office on December 1, 1965, in Liber 460 of Deeds at Page 375, for the construction and maintenance of a sanitary sewer improvement (the "Easement"); and WHEREAS, portions of the house on the Premises encroach into the area covered by the Easement, as shown on a survey of the Premises titled "Survey Map 10 Sanctuary Drive Town of Ithaca County of Tompkins State of New York," dated August 27. 2008 by L. Fabbrom (the "Survey Map"), which Survey Map is annexed hereto; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($1.00) by Owner to the Town in hand paid, receipt whereof is hereby acknowledged, the Town grants this Encroachment License to Owner, as follows: 1. Subject to the terms of this License, Owner shall have the right to maintain the encroachments of the building in the Easement area as they now exist and as shown on the Survey Map. 2. So long as the present building is in existence, the encroachments shall be permitted to continue unless the Town's Director of Public Works determines in his or her sole discretion that the removal of the encroaching part(s) of the building are necessary for the use of the Town's right-of-way or for the exercise of the Town's rights under the Easement. If the Town's Director of Public Works makes such a determination, such encroachment(s) shall be removed at Owner's sole expense upon no less than one year's prior written notice from the Town. 3. If an encroaching portion or portions of the building are removed pursuant to the determination of the Town's Director of Public Works or on the Owner's initiative, the Town's Director of Public Works may in his or her sole discretion approve a rebuild or replacement of the encroaching portions within the Easement area, provided that the rebuilt or replaced portions have the same general alignment or configuration and there is no increase in the surface area of the encroachment(s) located within the Easement area. The Town shall have the same rights regarding any rebuilt or replaced portions as it has regarding the original encroachments pursuant to this License, including the right to determine in the future that removal is necessary as described in paragraph 2 above. 4. This License shall terminate when and if said encroaching building shall no longer exist, or all the portions of the building which encroach shall be removed by direction of the Town's Director of Public Works or upon the Owner's initiative and none of the encroaching parts are immediately rebuilt or replaced pursuant to paragraph 3 above. After such termination, Owner shall not cause any building which may be erected or maintained on said premises to encroach onto the Easement area without a new Encroachment License from the Town, which shall have sole discretion as to whether to <urant a new License. 5. Notwithstanding the foregoing, and in addition thereto, it is hereby acknowledged, understood and agreed that in the case of emergency or other similar circumstances dictating immediate action (including those circumstances under which the Town is unable to provide the one year notice provided for in Paragraph 2 above), the "Town may enter upon the Easement area, remove all or any part of the encroachments as the Town in its sole discretion deems necessary or appropriate to respond to such emergency or other circumstance, and/or take any other action permitted under the Easement, the costs thereof and any additional related expenses to be borne solely by Owner. The Town will use its reasonable best efforts to provide prior notice of its intent to exercise such emergency rights and to permit Owner to remove the encroachments to the extent the Town determines is necessary or appropriate. If such prior notice is not given, the Town will use its reasonable best efforts to provide notice as soon as possible after it exercises its emergency rights hereunder. Under any and all circumstances, and notwithstanding anything to the contrary herein, the failure to provide either of the foregoing notices shall not be deemed to be a breach of this License by the Town and the Town shall have no liability related thereto. In the event that the Town exercises its emergency rights as set forth above, Owner shall not be permitted to replace the encroachment(s) without the prior written consent of the Town's Director of Public Works, who shall have sole discretion as to whether to grant such consent. 6. Owner agrees to defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from any claim, loss, injury, or damage, and costs incidental thereto (including costs of defense, settlement and reasonable attorney's fees) which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, or other damages, arising out of the use of the Easement area by Owner or from any negligence or fault of said Owner, Owner's servants, or Owner's agents in connection with any activities 2 impacting the Easement Area. Owner acknowledges that it will likewise defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from any costs that any or all of them may incur, including costs of defense, settlement and reasonable attorney's fees, due to any claims which may arise out of the building encroaching on the Easement area or the exercise of any rights of the Town under this License. 7. All references to the Town's Director of Public Works shall include persons holding a successor position to the Director or Public Works position if the Director of Public Works position ceases to exist. THIS ENCROACHMENT LICENSE shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties hereto, including the successors in ownership of the Premises. Date: ��' + � Z 0 / STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: TOWN OF ITHACA ZZ y. Her rt J. E an Supervisor Date: s✓ l On the day of T� ' in the year 2010 before me, the undersigned, personally appeared Stephen Lucente personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Eric Spiegler Notary Public, State of New York No. 01 SP6140088 Qualified in Seneca County Commission Expires 01/17/20 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: h ____ On the �� day of w� in the year 2010 before me, the undersigned, personally appeared Herbert J. Engman personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1 + uar!'14 Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Clualified in Tioga County Commission Expires December 4, 20�� 4 r T,P, 73-1-8.22 R.O, ROCCO LUCENTE C370/l06 p FOUND co N 81 " 54'17, W 100.00' P N FOUND 0 In 20' PERMANENT WATERM N EASEMENT (C/L AS FIELD LOCATED Y SCLIWC WATERMAIN SEWER MAIN 20' PERMANENT SEWER EASEMENT C460/375> M" 3 _ T,P, 73-1-9.7 M P L E R.O. DIANSHENG # 10 a+ CORNER P/L HUGHES E Qr LING XU DONG u`�j T•F'• 73-1-9,8 R.O. STEP INSTR# 476786-001 LUCENTE HEN c C733/1) T.P. 73-1-9.9 Ng W R.O. DAVID BOLAND INSTR# 480046-001 �r- 1 S. 0 PIN O ui CX) P.O.IL S N> : I� 3Q'E L1 9 7. 81 S4'17'E ogLeW 100.00' N°RP D'rEST'iINE SA#.SMuER Woasts RA SA NC TUA R Y NOTESi 1. SUBJECT TO WATERMAIN AND SEWERMAIN EASEMENTS TO TOWN OF ITHACA 2. SUBJECT TO NYSEG EASEMENT �f. EP Fq _ SURVEY MAP 10 SANCTUARY DRIVE TOWN OF ITHACA COUNTY OF TOMPKINS STATE OF NEW YORK Yj 82 ' ' LAtMp LANDS SIEVEL.FASBRON LUCENTEMYfLS m-. SURVEY 2 49682