HomeMy WebLinkAbout582968-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Fax: (607) 274-5445
No. of Pages: 7
(including this
coverpage)
Receipt No. 582968
Date: 11 /02/2011
Time: 03:09 PM
Document Type: EASEMENT/LEASE
Instrument Number
*582968-002*
Delivered By:
ITHACA NEIGHBORHOOD HOUSING SERVICES
Return To:
TOWN OF ITHACA
Parties
To Transaction: ITHACA NEIGHBORHOOD HOUSING SERVICE
Town/City:
Deed Information
Taxable Consideration: $0.00
State Transfer Tax: $0.00
County Transfer Tax: $0.00
Mort -gage Information
Taxable Mortgage Amount:
Basic Mortgage Tax:
Special Mortgage Tax:
RETT No.: 00488 Additional Mortgage Tax:
Local Mortgage Tax:
State of New York
Tompkins County Clerk 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 Coun�f Clerk
Please do not remove this page.
RIGHTS -OF -WAY AND EASEMENTS
THIS INDENTURE is made the 2"d day of November, 2011, by and between
Ithaca Neighborhood Housing Services, Inc., of 115 West Clinton Street, Ithaca, New York
14850, a New York not -for -profit corporation, the "party of the first part", and
The TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York,
having its principal office at 215 North Tioga Street, Ithaca, New York, the "party of the second
part" or the "Town".
WITNESSETH: that the party of the first part, in consideration of $1.00 and/or other good and
valuable consideration paid by the party of the second part, does hereby grant and release unto the
party of the second part, its successors and assigns, or to any improvement or special benefit district
now existing or hereafter formed or created the following described rights in and to the following
described parcels as shown on a survey map entitled "FINAL SUBDIVISION PLAT ITHACA
NEIGHBORHOOD HOUSING SERVICES HOLLY CREEK RESIDENCES HOLLY CREEK
LANE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" as drawn by T.G. Miller and
dated June 27, 2011, said map being filed in the Tompkins County Clerk's Office at RCG 139:
I. WATERLINE EASEMENTS
A PERMANENT RIGHT-OF-WAY AND EASEMENT to lay, construct, operate, maintain,
alter, repair, remove, replace, and/or change the size of municipal water mains, service lines, and
pipes, and all hydrants and appurtenances and parts necessary or desirable therefor, for the purposes
of a water district or improvement, together with the rights of free ingress and egress in, over,
upon, and under the lands described on Schedule A, attached hereto.
II. STORMWATER RIGHTS & EASEMENTS
And also A PERMANENT RIGHT-OF-WAY AND EASEMENT to lay, construct, operate,
maintain, alter, repair, remove, replace or change the size of a drainage, stormwater and sediment
control ditches, ponds, and other and related appurtenances and devices, for the purposes of
maintaining, protecting, and improving such storm water facilities, and/or for the purposes of
benefitting such drainage district or area, together with the rights of free ingress and egress in,
over, upon, and under the lands described in Schedule B, attached hereto.
AND AS TO EACH OF THE ABOVE GRANTS AND EASEMENTS, THE PARTY OF THE
FIRST PART, FOR ITSELF, ITS SUCCESSOR AND ASSIGNS, DOES HEREBY FURTHER
COVENANT AND AGREE:
1. No building or structures shall be constructed or placed within the aforesaid easement
and right-of-way areas.
2. No trees or other plants will be planted or cultivated that may interfere with the said
easement and right-of-way areas.
3. It will not permit or conduct any mining, excavation, construction or blasting within said
easement and right-of-way areas.
4. It will not allow, permit, encourage, or engage in any conduct, directly or indirectly, that
blocks, obstructs, or interfere with the ingress and egress rights of the Town, its successors,
assigns, employees and agents.
5. It will place the following provision in all conveyances immediately after the reference to
this easement, which reference to this easement shall be a mandatory recital in all future
conveyances of any land in the Holly Creek Homeowners Association Subdivision:
"Being the purpose of the said easement and right -of way to convey rights to the
Town of Ithaca for water system/stormwater purposes (each and as applicable),
including the maintenance, management and improvement of facilities and
appurtenances installed and including the conveyance of rights to said Town to
lay, construct, operate, maintain, alter, repair, remove, replace or change the size of a
mains, lines and any necessary or desirable appurtenances and devices, together
with the rights of free ingress and egress in, over, upon and under the described
areas of the said permanent easements and right-of-ways: all of which rights are
(1) set forth in a permanent easement and right-of-way granted to the Town, the
terms, obligations and conditions of which are expressly incorporated herein, and (2)
assignable by the said Town to any successor or assign, or to any district, or other
special benefit or improvement district or area, now existing or hereafter formed or
created."
TO HAVE AND TO HOLD said right-of-way and easement unto the party of the second part, its
successors and assigns, forever; it being the intent of the party of the first part and the party of the
second part that this easement and right-of-way shall now and forever hereafter run with the land.
IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and. seal the day
and year first above written.
IN PRESENCE OF:
TOWN OF ITHACA
By:
If V
ITHACA NEIGIBORHOHOUSING SERVICES, INC.
By:
Paul Mazzarella, Executive Director
2
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss:
On the O-- day of in the year 2011 before me, the undersigned, personally appeared
Herb Engman, 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 s/he executed
the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the • strument.
.y
Notary Public
PAULETTE TERWILLIGEW'
Notary PubY:6 state of New Yak =
NO.OITES156M
Oueffied bt Tompkins Cotpth l
STATE OF NEW YORK } Cwwdssion Deoa<rrber4��k1
COUNTY OF TTOMPKINS } ss:
On the C - ►' day of November, in the year 2011 before me, the undersigned, personally appeared Paul
Mazzarella, Executive Director of Ithaca Neighborhood Housing Services, Inc., 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. _
Public
IETER A WALSH
Public, State of New**
No.02WAS234076 _
Tompkins County
Comm issi� Expim 10 -1,�b
Schedules A and B, attached to Rights -of -Way and Easements
Given by Ithaca Neighborhood Housing Services, Inc. to Town of Ithaca
Schedule A, Water Line Easements, as shown on "FINAL SUBDIVISION PLAT ITHACA
NEIGHBORHOOD HOUSING SERVICES HOLLY CREEK RESIDENCES HOLLY CREEK
LANE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" made by T.G. Miller, P.C.
engineers and surveyors, Darrin A. Brock, L.S., Lic. # 050597, dated June 27, 2011, and bearing
the Certificate of Approval of the Planning Board of the Town of Ithaca dated September 13,
2011, a copy of which is filed in the Office of the Tompkins County Clerk at RCG139, (the
"Final Subdivision Plat"):.
1. 20' WIDE WATER EASEMENT "A"
2. 20' WIDE WATER EASEMENT "B"
Schedule B, Permanent Right -of -Way and Easements for storm water management as shown of
the said Final Subdivision Plat, more particularly bounded and described as follows:
PARCEL 1
BEGINNING at a point in the westerly line of Holly Creek Lane, which point is the northeast
corner of premises labeled Lot 3 and reputedly of Holly Creek Townhomes, LLC (Inst. No.,
495097-001), thence the following courses and distances.
•� 1. South 76 degrees 29 minutes 12 seconds west along the northerly line of said
Holly Creek Townhomes, LLC a distance of 151.83 feet to a point marked by a found iron pin;
2. South 25 degrees 53 minutes 53 seconds west a distance of 25.13 feet to a point
marked by a found iron pin;
3. South 82 degrees 22 minutes 21 seconds west a distance of 63.43 feet to a point
marked by a found iron pin in the easterly boundary of premises reputedly of the People of the
State of New York (CD 2500, Page 7623);
4. North 01 degrees 51 minutes 55 seconds west a distance of 137.81 feet along said
easterly line of the People of the State of New York a distance of 137.81 feet to a point marked
by a found iron pin;
5. North 13 degrees 31 minutes 14 seconds east a distance of 251.63 feet to a point
in the southerly line of premises reputedly of Carlucci (CD 2510, Page 6462) marked by a found
iron pin;
6. South 55 degrees 12 minutes 34 seconds east along the said southerly line of
Carlucci a distance of 32.19 feet to a point marked by a found iron pin;
7. South 13 degrees 31 minutes 14 seconds west along the westerly line of premises
reputedly of Nichols (Inst. No. 530629-001) a distance of 159.62 feet to a point marked by a
found iron pin;
8. South 38 degrees 47 minutes 41 seconds east a distance of 60.82 feet to a point
marked by a found iron pin;
9. South 02 degrees 47 minutes 52 seconds east a distance of 111.95 feet to a point
marked by a found iron pin;
10. North 76 degrees 29 minutes 12 seconds east a distance of 137.75 feet to a point
marked by a found iron pin in the westerly line of Holly Creek Lane;
11. South 01 degrees 51 minutes 55 seconds east along said westerly line of Holly
Creek Lane a distance of 15.32 feet to the point or place of beginning.
BEING a parcel of 0.527 acres labeled P/O LOT 7, the use of which shall be limited to
stormwater management facilities.
PARCEL 2
BEGINNING at a point marked by a found iron pin in the westerly boundary of Holly Creek
Lane, which point is the northernmost corner of premises reputedly of Holly Creek Townhomes,
LLC (Inst. No. 495097-001) and labeled LOT 5, thence the following courses and distances:
1. South 69 degrees 14 minutes 39 seconds west a distance of 118.24 feet to a point
marked by a found iron pin;
2. South 17 degrees 57 minutes 04 seconds west a distance of 20.20 feet to a point
marked by a found iron pin;
3. South 74 degrees 18 minutes 34 seconds west a distance of 70.91 feet to a point
marked by a found iron pin in the easterly line of said premises reputedly of the People of the
State of New York;
4. North 01 degrees 51 minutes 55 seconds west a distance of 291.81 feet to a point
marked by a found iron pin;
5. South 88 degrees 30 minutes 46 seconds east a distance of 30.05 feet to a point
marked by a found iron pin;
6. South 01 degrees 51 minutes 55 seconds east a distance of 77.52 feet to a point
marked by a found iron pin;
7. South 44 degrees 15 minutes 04 seconds east a distance of 58.25 feet to a point
marked by a found iron pin;
8. South 12 degrees 14 minutes 02 seconds east a distance of 114.71 feet to a point
marked by a found iron pin;
9. North 69 degrees 14 minutes 39 seconds east a distance of 97.09 feet to a point
marked by an iron pin found in the westerly boundary of Holly Creek Lane;
10. Southerly along the westerly boundary of Holly Creek Lane on a curve to the left
having a radius of 75.00 feet, a chord bearing south 24 degrees 33 minutes 48 seconds east a
distance of 15.03 feet, an arc distance of 15.06 feet to the point or place of beginning.
BEING a parcel of 0.430 acres labeled P/O LOT 6, the use of which shall be limited to
stormwater management facilities.
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