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Home My WebLink About592688-001No. 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 5 06/11/2012 03:29 PM Document Type: MISC RECORDS Parties To Transaction: TOWN OF ITHACA-HALLOCK Town/City: Deed Information Taxable Consideration: State Transfer Tax: County Transfer Tax: RETT No.: State of New York Tompkins County Clerk Instrument Number *592688-001 * Delivered By: BARNEY GROSSMAN DUBOW MARCUS & ORKIN Return To: BARNEY GROSSMAN DUBOW MARCUS & ORKIN SENECA BUILDING WEST SUITE 400 119 EAST SEN ECA STREET ITHACA, NY 14850 Mortnane 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. ENCROACHMENT LICENSE THIS ENCROACHMENT LICENSE is granted as of the J(p day of June, 2012, 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 KEVIN F. HALLOCK and TINA M. HALLOCK of 6 Saunders 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 6 Saunders Road, Ithaca, New York 14850, Tax Map Parcel No. 44.2-2-3 (the "Premises"), as more particularly described in a deed to Owner from Heritage Park Townhouses, Inc. dated May 20, 2005 and recorded May 24, 2005 in the Tompkins County Clerk's Office as Instrument No. 473299-001; and WHEREAS, the Town was granted an easement by Malloy Brothers Construction, Inc. in the deed dated December 2, 1994 and recorded May 10, 1995 in the Tompkins County Clerk's Office in Liber 746 of Deeds at page 80 for the construction and maintenance of a sanitary sewer improvement (the "Easement"); and WHEREAS, portions of the patio and retaining wall (the "structure") on the Premises encroach into the area covered by the Easement, as shown on a survey of the Premises entitled "Resurvey Map, Lot 3 — Subdivision of Chase Pond, Town of Ithaca, Tompkins County, New York" prepared by Michael J. Reagan, L.L.S. No. 049892, dated April 25, 2012 (the "Survey Map"), a copy of which is annexed hereto and recorded in the Tompkins County Clerk's Office concurrently herewith; 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 encroachment(s) of the structure in the Easement area as they now exist and as shown on the Survey Map. 2. So long as the present structure is in existence, the encroachment(s) 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 structure is 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 structure are removed pursuant to the determination of the Town's Director of Public Works or on the Owner's initiative, the Town's 1 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 encroachment(s) 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 structure shall no longer exist, or all the portions of the structure 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. 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 encroachment(s) 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 encroachment(s) 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 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 structure 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. TOWN OF ITHACA Date: June 6 , 2012 BY: / H ;rb;ert J ngman, pervisor Date: June (v 2012 P KEVIN F. HALLOCK, Owner Date: June (o, 2012 &IMHALLOCK, Owner STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.: On the b1day of, UOP- in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared Herbert J. Engman, 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 the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. eu� "ih-0 NOTARY PU 15RIE WHITMORE STATE OF NEW YORK) Notary Public. State of New York N°. COUNTY OF TOMPKINS) SS.: c r.� Cr"'=s77 'Urty �I Commission Expiies December 26,�y/v2 On the 6—k day of 3•twt in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared Kevin F. Hallock and Tina M. Hallock, 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 the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC 3 DON R. CRITTENDEN Notary Public, State of New York No. 4794371 Qualified in Tompkins County Commission Expires August 31, 2013 / REFE1ZEt10E S�RVEy So�iD1U1`71041 OF CURSE PO"Q 11 MQVE 1311 GEOtZGE C 6WI,ECIAl-, PE.,1, 5. VATEV I1 11 t94Z FILED 10 TbMP CO. CLERKS OFFICE ON IZ/ 15f 1993 TC,WVA cF ITIAACA �a.e-) L 113 1 ?. t71 -* Loi- 2 kE f ou�P /SRO s hw S�AP) �OSPIGf+ �.b9 C �Jep. / 0-7 r 1191V /617 r /PECO✓E.?EO UNOE.2 C1RR,,,vr DATE IS' ldllu� CCEAa vFc/✓ES mA ILi EAS�MRAr�gG r LOT 3 � 1% r W W ARER : s I AA 5Q. Fr. - o W \ �� 0 6�PosS,tiA,v r.z a•J �M i xl tn►rrN o. 1 •� i•' �A'sf•4/0 5 -Z-1-DO 305EpVA F bup DARE5E 4 ScAFFIpo (-Vz.O:) L.c.1p251z..f P 5026 �2fv tlE ALB�v fs E1f"D -A!5 o+ Ec /io✓ 84V D, P�aoac fo �tfK F -�— 7'0 Irs itX rNE "ErtA j►Sf \ kAl& 16A'0 �Ao Z30.00- ��ALUES LF-GEUV • EX15?IUG IQou pIu ® u.G uT,uTy e15Ee �40 ` ,PFarrrEp Ok./.VE/e o ..- ' N \ yM `Si{ IM� P� i�5 SNo� �1D F6 \SEE C'r14k v y r SAuuDE7— ¢OAD 7—IFSURVE\-{ NIAP LOT 3 N SUB'DlVl5100 of CASE POND T0W10 OF ITµACA TWAVVM15 COWA-P,( , of-W \(OQv,, TAX MAP u0 : 144.2 - 2- 3 REFEZEQCE -DEED : /,c/sr/vo V79Z99-00/ 0WNERs: &i111-/F -/'*T-1,(14 Al f/9LLOC�C. NOTE : SEE C)UR 01R,161N AL SURVEY OF TH15 L0T �RTEp oy/�7/ra�3 L,9ST�El//SED 5/�/Z�ZGbS LAND SURVEYING NOTE ANY REVISIONS TO THIS MAP MUST COMPLY WITH SECTION 7209, SUBDIVISION 2 OF THE NEW YORK STATE REAGAN, P0. BOX TT24, LAND, NEW YORK 1EDUCATION LAW ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE EMBOSSED SEAL OF THE LICENSED LAND SURVEYOR WHOSE SIGNATURE APPEARS HEREON. (607) 844.8837 THIS MAP NOT VALID WHEN USED IN CONJUNCTION WITH A'SURVEY AFFIDAVIT OR 'CERTIFICATE OF NO•CFWrGE' R DATE A 10/Z BY D k• f{. P. I = SURVEYED �� BY SCALE JOB NO hereby certify to 4W,1W'e/S 1,2'uSr �oHPANy /�f tI//�EtJORt A!/O�OR A1I/6 (/f • ��1� �+ �� .fTE/rA.eT T/TZE /Nf!/,eA.r/GE CO�IPA,�/y,• BAQVEY G.eosrtis.�d Lbiaow, MA,eC -1 A*OWZ IAI,, «P 1c//LLMA4 C. SLOC.C,• it4,?Zf e% BLOC&, Q� that I am a licensed land surveyor, New York State License No. o-vt0g2 and that this _ map correctly delineates an actual survey on the ground made by me or under my direct supervision, that it was prepared in accordance with the current code of practice for land title surveys adopted by the New York Association of Professional Land Surveyors; and that I - found no visible encroachments either way across property lines except as shown hereon. SIGNED: DATED: aY 15 'e'VIZ '••.,.,.:.��po„if.