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Home My WebLink About592688-002No. of Pages: (including this cover page) Receipt No. Date: Time: Aurora R. Valenti TOMPKINS COUNTY CLERK 4 06/11/2012 03:30 PM 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 Document Type: EASEMENT/LEASE Parties To Transaction: TOWN OF ITHACA-HALLOCK Tawn/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 01689 State of New York Tompkins County Clerk Instrument Number *592688-002* 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 Mortuane 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. aw-�' e rd"t- Tompkins County Clerk Please do not remove this page. MODIFICATION OF EASEMENT RE: Structures at 6 Saunders Road and affecting Town of Ithaca Sewer Line Easement Town of Ithaca, County of Tompkins, State of New York DATE: June (p , 2012 WHEREAS, the Town of Ithaca, New York (hereinafter the "Town") is the holder of a 20 foot wide easement for a sanitary sewer line located near Saunders Road in the Town of Ithaca, New York, as granted in the deed from Malloy Brothers Construction, Inc. to the -Town of Ithaca dated December 2, 1994 and recorded May 10, 1995 in the Tompkins County Clerk's Office in Liber 746 of Deeds at page 80, and as shown on a subdivision map entitled "Final Plat of the Subdivision of Chase Pond, Town of Ithaca, County of Tompkins, State of New York" prepared by George Schlecht, L.P.E. & L.S. Nos. 49382 & 49190, dated November 11, 1992, revised June 2, 1993, August 25, 1993, and September 28, 1993, approved June 11, 1993 by the Tompkins County Department of Health, approved December 13, 1993 by the Planning Board of the Town of Ithaca, and filed December 13, 1993 in the Tompkins County Clerk's Office in Map Drawer V as Map or Sheet 108 (Instrument No. 284180-001) (hereinafter the "Easement"); WHEREAS, Kevin F. Hallock and Tina M. Hallock, of 6 Saunders Road, Ithaca, New York 14850 (hereinafter "Hallock") are the owners of real property located at 6 Saunders Road in the Town of Ithaca, County of Tompkins and State of New York, Tax Map Parcel No. 44.2-2- 3 (See deed recorded in the Tompkins County Clerk's Office as Instrument No. 473299-001), which real property is encumbered by said Easement; and WHEREAS, a survey map of the Hallock 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, a copy of which is attached hereto and recorded in the Tompkins County Clerk's Office concurrently herewith, shows a corner of the house on the premises owned by Hallock is located within the bounds of the Easement area; and WHEREAS, the parties hereto are desirous of modifying the certain rights and obligations pertaining to said Easement upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of One Dollars ($1.00) lawful money of the United States, and other good and valuable consideration, exchanged between the parties hereto, and of the mutual promises made herein, the parties agree as follows: 1. The Town hereby modifies the terms of the Easement to permit the corner of the house as shown on the aforesaid survey map to remain in the Easement area. 2. The Town will not disturb the corner of the house in the Town's maintenance of the sewer line. 3. In the event the house is ever moved, removed, or re -aligned, or in the event the corner of the house within the Easement area ceases to exist, this Modification of Easement shall terminate. 4. Hallock assumes all risk of damage to or destruction of the corner of the house located in the Easement area through any cause whatsoever except through the negligence of the Town. MODIFICATION OF EASEMENT (Page 2 of 2) 5. Hallock 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 existence of the house corner in the Easement area or arising from any negligence or fault of Hallock, Hallock's servants, or Hallock's agents in connection with any activities regarding the house corner. Notwithstanding the foregoing, this indemnification shall not extend to the proportion of any claims, losses, injuries, damages or costs attributable to the Town's negligence in the Easement area occupied by the house corner. 6. This agreement shall be binding upon the parties hereto, and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective the date first written above. TOWN OF ITHACA BY: /7;;x an, r Supervisor KEVIN F. HALLOCK TINAM. HALLOCK STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.: On the (4 � day of June in the year 2012 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(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. l ak . r NOTARY EYM91CVHITMORE STATE OF NEW YORK) Notary Public, State of New York COUNTY OF TOMPKINS SS.: No. 877 Tioga CCountounty Commission Expires December 26,oID19- On the (o"= day of June in the year 2012 before me, the undersigned, 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. DON R. CRITTENDEN Notary Public, State of New York No. 4794371 NOTARY PUBLIC Qualified in Tompkins County Commission Expires August 31, 2013 RE�EQEUCE SuRUEy .. %3S1D%U%'51O U of CUASE P01.V" M4DE 13V GEO7GC C SCIALECAAT , P E. , L.5 VATEV t t / I I A 4RZ FILED ►M'TbNP Co. CLERKS OFFICE ON 1 z / I-,/ I I I 3 u< f/D,4lel0 2 �¢� col �05Ple I �� ep°��PP) �E• •rpm" of ATUACA Ctz.e> L -it3 / '32o � ) - -'k� , W Al.1L - - - - �� .• `Woo pEN � - - - - - - - �� +- • �1cle 74A it O.7 it, e .QEGayE,QEO vvpER Cu,Q,QFNr DATE lS' 11, G[Erl,¢ ocG/.✓ES � m.A W N # LOT 3 P X i� W AREA : \s o rM -'711 ' LET LI v Sq. fT• x L01- 2 `u ° Y ' \ �\ / m O 6ROSSA"'V r 9 a. ) .105E?9 F Aup DAQE5E A. 5CAFFI90 CR-o� L.Ct7251Z/? SOZO As �i8. s h EWES RJR0,40 �� T7� A�uNos vL fAa-EA In/rf'OF P� o�E.�tE'¢U,✓f.�-- W/1Y/ �o�a EAR kAD.: Z3Q 00 , ®--�--®— '` W J VAWES � _ 55- SAu. SEUJEQ - ►,�, N \SS LEGEUV EXISTIUG 170u PIU ® U•(, atu-yy I2l5Ef[ ,YEOVreZ' 01,IAIE,e C ^ 7tt-OOi N17 � \ o FAe) 2 5 ).{ p lq 4 Pou) rJ /A5 N.Y ks 5 /�b� FG � E� Ur�4 AI. Y r �3! p4'1 Z!39 Ir SAIIJUD Z5 ROAV RESUQvE.\,( KAAP LOT 3 N SU601`415101J OF CHASE POND TOVJU of ITNACA , TOM71((►A5 COULAT�-( , OF-W \(oet" TAx MAP uo : tip• 2 - 2- 3 RI-FEQEUCE -DEF-0 : /,asr.,vo. 51'73z99-00/ o W u E Ry' '0-il/,v F—/' C,C NOTE . SEE ouR OF;IGIN AL SURVEY OF T)4l$ LOT 5/11/ZlZ�S LAND SURVEYING NOTE ANY REVISIONS TO THIS MAP MUST COMPLY WITH SECTION 72M. SUBDIVISION 2 OF THE NEW YORK STATE REAGAN, PO BOX 112l, LAND, NEW YORK 1EDUCATION LAW ALL CERTIFICATKNIS 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) M4-N37 THIS MAP NOT VALID WHEN USED IN CONJUNCTION WITH A SURVEY AFFIDAVIT' OR'CERTIFICATE OF NO•CH E' np 0.EA/ SURVEYED A/ n 2oiZ DBYRAW k R P SCALE —_ I hereby certify to: �w,P�%vs r��f,-��.PAvr, /rJ fU/CEtJaRt A!/D�Oe Atl/6�/S, STE.f/i9,+?T T/TZE /Nf�/RA�t/CE C°O.N.a.I.t/Y,• B.v+?vEr, G.evsr�.►a Lrreow, A&,tcvs fioezzty z k//L[/AM C. SLO,-,C,- A,4RCA &! BLOCK; that I am a licensed land surveyor, New York State License No. o-A obi?- 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 We 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. i 4