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HomeMy WebLinkAbout581343-002Aurora R. Valenti ° TOMPKINS COUNTY CLERK 320 North Tioga Street •,y �� Ithaca, NY 1�4850 = x " (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 6 (including this coverpage) Receipt No. 581343 Date: 09/29/2011 Time: 03:42 PM Document Type: MISC RECORDS Instrument Number *581343-002* Delivered By: BARNEY GROSSMAN DUBOW MARCUS & ORKIN Return To: BARNEY GROSSMAN DUBOW MARCUS & ORKIN SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Parties To Transaction: BEDFORD-GUAUS - SHAPIRO Tow n/City: Deed Information Mortgage Information Taxable Consideration: Taxable Mortgage Amount: State Transfer Tax: County Transfer Tax: RETT No.: State of New York Tompkins County Clerk 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 rd"t- Tompkins County Clerk Please do not remove this page. ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE is granted as of the�Jday of 2011, by the TOWN OF ITHACA, a municipal corporation having office at 215 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as the "Town", to Sylvia Bedford-Guaus of 118 Eastern Heights Drive, Ithaca, New York, 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 118 Eastern Heights Drive, Ithaca, New York, Tax Parcel No. 57-1-8.113 (the "Premises"), as more particularly described in the deed to Owner from Stephen D. Younger and Azucena Ortega, dated August 18, 2004, and recorded in the Tompkins County Clerk's Office on August 19, 2004, Instrument Number 459484-001 (the "Deed"); and WHEREAS, Protective Covenants for lots in the Eastern Heights Subdivision that includes the Premises, which Protective Covenants are dated March 25, 1969, and recorded in the Tompkins County Clerk's Office on March 25, 1969, in Liber 480 of Deeds at Page 375, state in paragraph 4 as follows: "(The following shall be applicable where necessary and will be inserted in the deeds for lots where applicable) There is hereby reserved an easement for the installation and maintenance of sewer/water/electric/gas and/or drainage facilities as presently installed or as may be required to be installed in the future development of the subdivision to a width of 10 feet on each side of the installed line. Within this easement area, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of said utility or which may change the direction or flow of drainage channels in the easement area or which may obstruct or retard'the flow of water through the drainage channel in said easement area. The easement area and all improvements in it shall be maintained continuously by the owner of the premises, except in the case of improvements for which a municipal authority or utility company is responsible."; and WHEREAS, the Deed to Owner does not contain the easement language required by the Protective Covenants for the Town -owned stormwater facilities located on the Premises. However, the survey map referenced in the Deed, dated July 22, 1986 and last amended July 29, 2004, shows a 20 foot easement centered on a "48" C.M.P. culvert", and further shows a portion of a deck attached to the house on the Premises encroaching into the easement area. Next to the notation about the 20 foot easement, the survey map refers to "480/375", which is the Liber of Deeds and Page where the 1969 Protective Covenants are recorded; WHEREAS, to assure th4t the easement is properly conveyed to the Town, Owner has granted an easement to the Town for the municipal stormwater facilities the Premises through her execution of a Right -of -Way and Easement dated August /U) 2011, and recorded in the Tompkins County Clerk's Office on August /�, 2011, Instrument Number 57Q2 &- D©/ (the "Easement"); and WHEREAS, a portion of the deck attached to the house on the Premises continues to encroach into the area covered by the Easement, as shown on a survey of the Premises titled "Survey Map, No. 118 Eastern Heights Drive, Town of Ithaca, Tompkins County, New York", dated April 28, 2011 and amended July 15, 2011, and prepared by Lee Dresser, Licensed Land Surveyor, of T.G. Miller P.C. (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 grant a new License. 2 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 F,or from any negligence or fault of said Owner, Owner's servants, or Owner's agents ',in connection with any activities 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. SYLVIA BEDFORD-GUAUS By: RafA W. Nash, her attorney -in -fact Date: Q STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: TOWN OF ITHACA erb J. Eina pervi Date: 412Z-11 On the _ 1— day of14a in the year 2011 before me, the undersigned, personally appeared Ralph W ash, 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. Ob M. Joao Notar ublic STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: AMY M. &6M)teH LOrz.Z Notary Public, State Of New York . l� �3 No. 01SL6091923 (ALGID Qualified In Tompkins County ��-- My Commission Expires May 5, 20 On the day of�A -'—C in the year 2011 before me, the undersigned, personal y 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 onAhe instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PAULETI'E TER1AX=eR N WY POMC6 stela of for *4 NO.OITE6158M OuaMed in T �Exp�eoom�i4. Z@ Jv/ 4 t Q O'CONNELL (R.O.) I y 615/302 9,0 r 1 LOT 4PIN 1 FOUND S 34 21 '25" E 1142' PIPE B FOUND TALL 80AR0 FENCE ALONG Pt O O h w TALL BOARD FENCE RUNS 0,6't EAST OF PROP LING JORDAN (R.O.) 860/62 LOT I 3 I 1—CONCRETE Y,HEAOWAtL 1I00.22? FOUND 17.66' FOUND TALL BOARD F O O t� 6 ENCE ALONG PL O tiW v ry 8.5'f7� PIC KCr FENCE DECK h FE (R.O.) 6321432 LOT 2 82.49' (P TO P) EDWARDS (R.O.) 9051315 MURPHY (R.O.) (� �tJO. 718 �NDU 512412-001 120 4 9• 1 tll LOT 'n o N [off •_ GRAVEL 27 Z = LOT 1 ' DRIVE 22 LOT � 23 ELEC. ELEC. UNDERGROUND ELEC EASEMENT. SEE 465/50 (/� + HANDLE ELEC. 1 EpI D TANS. PIN N 34' 3'48" W 100.0 ' `E FOUND +� CATCH CATCH '° BASIN N PRESENT CENTERLINE PAVEMENT N BASIN � N — — __L__ EASTERN NEIGH DRIVE REFERENCE MAPS 1.) ENTITLED EASTERN HEIGHTS SUBDMSION BLOCK 2 SECTION 1 " BY JOHN S. MACNEIL JR., L.S. DATED MAY 7, 7968. 2•) ENTITLED NO. 118 EASTERN HEIGHTS DRIVE" By T.G. MILLER P.C. TITLE INFORMATION DATED JULY 22, 79B6 LAST REVISED 7123199. 3EDFO D-GUA SYLVIA BEDFORD-GURUS SAID MAPS BEING FILED 1N THE TOMPKINS COUNTY CLERKS OFFICE INST. 1 TAX MAP PARCEL NO. 57-1-8.113 AREA = 0.345 ACRES NET JOHN A. SPENCE do CAROL M. SPENCE STEWART TITLE INSURANCE COMPANY CEMCATION BARNEY, GROSSMAN, DUBOW. MARCUS dr ORKIN, UP TOMPKINS TRUST COMPANY, ITS SUCCESSORS AND/OR ASSIGNS I hereby certify to ro that I om a Raenaed land surveyor. New York State License AL70VMM or n16 MW MV No.050096, and that this map correctly delineates an --AMENDED 711512011. VERIFY SITE � = actual survey on the ground made by me or under my direct CONDITIONS, A5,9010 DECK. EMWM LAW. NE F11" Ep Supervision and that 1 found no visible encroochments either wayBY VALL � yp across property lines except as shown harean. no cases THOMW ONLY s 00 A-Le4" i /,6" ?-"// w.r OR OVO WNI IM APFCOM or IWWJML eta ns+ N+rr NGNED - DATED- T '. G. MILLER P.C. :NGINEERS AND SURVEYORS 203 NORTH AURORA STREET P.D. BOX 777 ITHACA, NEW YORK 14851 TITLE: SURVEY MAP NO. 118 EASTERN HEIGHTS DRIVE TOWN OF ITHACA, TOMPKINS CQUNTY, NEW YORK DATE: 4/28/2011 S 1 1220 SCALE: 1 "= 30'