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Home My WebLink About583051-001No. of Pages: (including this coverpage) Receipt No. Date: Time: Document Type: Parties To Transaction: Town/City: Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 7 Delivered By: ITHACA TOWN OF 583051 Return To: ITHACA TOWN OF 11 /04/2011 10:59 AM EASEMENT/LEASE BELLE SHERMAN COTTAGES LLC . Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00514 Instrument Number *583051-001* Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: State of New York Mortgage Serial No.: Tompkins County Clerk 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. " e V'Z't�. Tompkins County Clerk Please do not remove this page. PERMANENT WATER, SEWER, ACCESS, STORMWATER/DRAINAGE EASEMENTS AND RIGHTS OF WAY THIS INDENTURE is made this 20� day of Oe—+o 6e r , 2011 by and between BELLE SHERMAN COTTAGES, LLC, a New York limited liability company, c/o, Agora Homes and Development, LLC, 25 East Elizabeth Street, Skaneateles, New York 13152 ("Grantor"), and the TOWN OF ITHACA, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town"). Grantor is the owner of a certain parcel of land totaling approximately 3.1 acres, located in the Town of Ithaca, Tompkins County, New York, commonly known as Belle Sherman Cottages (the "Premises"), and shown on a Subdivision Plat entitled "Belle Sherman Cottages", made by T. G. Miller P.C., dated March 2, 2011, and filed in the Tompkins County Clerk's office on August 11, 2011 as Instrument Number 579183-001, a copy of which Subdivision Plat is annexed to this Indenture as Exhibit A (the "Subdivision Plat"). The Subdivision Plat shows an easement area delineating a water, sewer, access and stormwater/drainage easement area ("Easement Area No. I"), an easement area identified as a Stormwater Management Area easement ("Easement Area No. 2"), and an easement area delineating a sanitary sewer easement area ("Easement Area No. 3"). NOW WITNESSETH, that Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by Grantor and the Town, does hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever: An EASEMENT and RIGHT-OF-WAY over, under and across Easement Area No. 1 (i) to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water and, sewer mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under Easement Area No. 1 for these purposes, (ii) for access by pedestrians and vehicles over the paved street within Easement Area No.l, (iii) for access by pedestrians over the sidewalks within Easement Area No. 1, (iv) for access by pedestrians and bicycles to and from the path adjacent to the northeast boundary of the Premises, and (v) for access to the playground on the Premises, being the area of the permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, ' shrubs and other obstructions upon Easement Area No. 1 to the extent those obstructions are not permitted under this Indenture. Subject to the terms and conditions of an Operation, Maintenance, and Reporting Agreement (the "Operating Agreement"), made as of or near the date of this Indenture, between Grantor, as Owner, and the Town, which Operating Agreement will be recorded in the Tompkins County Clerk's office, an EASEMENT and RIGHT-OF-WAY over, under and across Easement Areas No. 1 and No. 2 to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, and any and all necessary or desirable related appurtenances and devices, together with the right of free ingress and egress in, over, across, upon, and under Easement Areas No. 1 and No. 2 for these purposes, being the area of the 1816544 14 8/15/2011 permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, shrubs and other obstructions upon Easement Areas No. 1 and No. 2 to the extent the obstructions are not permitted under this Indenture. An EASEMENT and RIGHT-OF-WAY over, under and across Easement Area No. 3 to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of a sanitary sewer main, any laterals, pipes, lines or collectors within the easement area, together with any and all necessary or desirable related appurtenances and devices, together with the right of free ingress and egress in, over, across, upon, and under Easement Area No. 3 for these purposes, being the area of the permanent easement and right-of-way herein granted, including the right to trim and/or remove trees, shrubs and other obstructions upon Easement Area No. 3 to the extent the obstructions are not permitted under this Indenture. A RIGHT OF ACCESS over, under and across Lots 13, 14, 15, 16, 17, 18, and southerly upon or near Lot 25 to maintain, repair or replace the stormwater pipes and catch basins running through or along those Lots in the event the owners of those Lots fail to maintain, repair or replace the stormwater pipes and catch basins running through or along those Lots. FURTHER WITNESSETH: That Grantor covenants and agrees that, except for buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no buildings or structures shall be constructed within Easement Area No 1, Easement Area No. 2 or Easement Area No. 3 that will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, . construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any mains, laterals, collectors, lines, pipes, or stormwater, drainage, and/or sediment control facilities, including ditches and ponds, or other and related appurtenances and devices permitted within those easement areas. AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no buildings or structures shall be constructed or placed within Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3 that will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any mains, laterals, collectors, lines, pipes, or stormwater, drainage, and/or sediment control facilities, including ditches and ponds, or other and related appurtenances and devices permitted within those easement areas. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the 2 1816544.14 8/15/2011 Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated within or near Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3 that may interfere with the rights granted by this Indenture. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee, Grantor will not permit or conduct any mining, excavation, construction or blasting within Easement Area No. 1 Easement Area No. 2 or Easement Area No. 3. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises (including on or beneath the surface of any portions of Easement Area No. 1, Easement Area No. 2 or Easement Area No. 3) in accordance with permits and approvals issued by the Grantee, Grantor will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, and of its successors, assigns, employees and agents, granted by this Indenture. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that all conveyances of all or any portion of the Premises shall make reference to and be subject to the rights granted to the Town of Ithaca by this Instrument. AND FURTHER, Grantor and the Town acknowledge that the easements and rights -of - way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said rights -of -way and easements unto the Town, its successors and assigns forever, it being the intent of Grantor to have these easements and all related rights -of -way herein expressed run with the Premises forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that Grantee will at all times, when it enters the Premises for any purpose related to the permanent easements as granted by this instrument, leave the Premises, Easement Area No. 1, Easement Area No. 2 and Easement Area No. 3 in a neat and presentable condition, returning the Premises, Easement Area No. 1, Easement Area No. 2 and Easement Area No. 3 as nearly as practicable to its condition before such entry. (Signatures on following page) 3 1816544.14 8/15/2011 IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals as of the day and year first above written. BELLE SHERMAN COTTAGES, LLC By: AGORA FUND A, L.P. Managing Member By: Agora GP I, LLC General Partner of Managing Member N e: T S. Mil an N� e: T itle Member and Manager TOWN OF ITHACA By: William Goodman, Deputy Supervisor 4 1816544.14 8/15/2011 STATE OF NEW YORK ) COUNTY OF ONONDAGA) ss.: On the (9r-.; day of 6 d-O�L in the year 2011 before me, the undersigned, personally appeared TOBY S. MILLMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name(,(is ()<e) subscribed to the within instrument and acknowled ed to me that e she/they executed the same i hi er/their capacity(ies), and that b hi er/their signature(s) on the instrument, the individual(s), or the person upon behalf of whic the individual(s) acted, executed the instrument. Rhonda . Raper Notary Public Notary Pubit'C, State of New York QAified in Cayuga County A 01 RA49M45 Commission Expires STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the-2day of in the year 2011 before me, the undersigned, personally appeared WILLIAM G ODMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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 th instrument, the individual(s), or the person upon behalf of which the individual(s) acted, exe t d the instrument. Notary Public PAULETTE TERMLUQER NOWY Public, Smte of New Yak No. 01TE6156M Ousv d in toompklns county �/ j Commission E;9ires 0scOmber 4, 20L/ 5 1816544 14 8/15/2011 c Ff�R if � o 1R I1 R (g F tiit; 5% I: " RI ;; �Jliz "€tj R Ei� i :•R1� itiFPF a.m$ _ _ XORTH STREET 1 la 14 BR $i RB � �� £ •. Id �I tw 8 o , 1 • E \ \ \ Wi1 EXHIBIT A ■I ph $vmo a mo�� VO�6 Oq?a x'_ n,cdoe; ma ,k, o n it 1} 0 Y S s L'LL STREET o I g �R �� Ns o ,� o �;•, g� i��;�Sl� i�s�gaj a _•d — SUBDIVISION PLAT SNERMAN COTTAGES g y CH yp i i F Rg�Fii _BELLE AGORA HOMES AND DEVELOPMENT, LLC YRPiRl1 SR61T ANO vwE SRRFEf q9q STY IY/ 3 O e�i; CC 4 t lit raxv M m+Mw � n z INS couxRr, r roaK 4 A- I 1816544 14 8/15/2011