HomeMy WebLinkAbout593498-001No 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
25
06/27/2012
10 32 AM
MISC RECORDS
Delivered By
TOWN OF ITHACA
Return To
TOWN OF ITHACA
BIRD'S-EYE VIEW PROPERTIES LLC
Instrument Number
*593498-001 *
Deed Information Mortgage Information
Taxable Consideration Taxable Mortgage Amount
State Transfer Tax Basic Mortgage Tax
County Transfer Tax Special Mortgage Tax
RETT No 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
" e rLx
Tompkins CounV Clerk
Please do not remove this page.
OPERATION, MAINTENANCE AND REPORTING AGREEMENT
THIS AGREEMENT is effective this 4� day of June, 2012, by and between the
TOWN OF ITHACA, a municipal corporation of the State of New York, with offices at 215
North Tioga Street, Ithaca, New York 14850 (the "Town"), and BIRD'S-EYE VIEW
PROPERTIES, LLC, a New York limited liability company, with offices at 721 Hudson Street,
Ithaca, New York 14850 (the "Owner").
WITNESSETH
WHEREAS, the Owner received Final Subdivision Approval for Cleveland Estates 16-lot
Subdivision (the "Approval") from the Town's Planning Board by resolution number 2011-069
dated September 6, 2011 on tax parcels 39.-1-9.3 and 39-1-11.1 at 1044 Danby Road in the
Town of Ithaca, Tompkins County, New York, and
WHEREAS, such Approval was granted conditionally upon the construction,
maintenance and implementation of approved stormwater facilities and/or other stormwater
management practices, submission of stormwater inspection reports, and an agreement with the
Town regarding the same,
NOW, THEREFORE, in consideration of the granting of the Approval and in furtherance
of the public purposes of providing adequate stormwater retention and maintenance, the parties
agree as follows
1. Construction of Facilities and Implementation of Practices.
(a) The Owner agrees to construct all of the stormwater management facilities, erosion and
sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities")
shown on the final plans which are part of the Approval, copies of which are on file in the Town of
Ithaca offices Without limiting the foregoing, the Owner agrees to construct at its expense
(1) The detention pond and 20-foot wide buffer zone at the northwest corner of the
subdivision, the 10-foot wide vegetated channel along the western portions of Lots 3 through 5 and
the western portion of the lot containing Buck Drive (west of the road "hammerhead"), the stone -
lined waterway between Lots 2 and 3 (all as shown on the Engineer's Drawmg S-6, below
referenced), and the culvert along and under the Buck Drive lot, with said culvert running between
the 30-inch culvert under NYS Route 96B (Danby Road) and the existing 24-mch culvert located
north of the "buffer zone" lot at the northeast corner of the subdivision, substantially as shown on
the "Final Subdivision Plat, Lands of Birds -Eye View Properties, LLC, 1044 Danby Road — Ithaca
- New York —14850 - Town of Ithaca— Tompkins County — New York State," dated November 17,
2010, prepared by Stockwm Surveying (R James Stockwm, P.L S #049012), filed in the
Tompkins County Clerk's Office on March 2, 2012 as Instrument No 588197-002, and on a
drawing titled Erosion and Sediment Control Plan, Sheet S-6, dated November 30, 2011, which is
part of the Cleveland Estates Subdivision drawings packet (Sheets S-1 through S-12) date stamped
December 5, 2011 (corrected Sheet S-3 dated stamped May 16, 2012) on the Title Sheet by Town
of Ithaca Planning/Engineering, prepared by Wayne C. Matteson, Jr., PE (said Plat and drawings
are collectively referred to as the "Drawings");
Page 1 of 6
(u) All other Facilities, including pipes, mains, drains, outlet and inlet structures,
manholes, and all other drainage -related facilities and structures, whether above or below grade,
which shall be located substantially as shown on the Drawings; and
(iii) Such future Facilities as may be required to be constructed by applicable laws,
rules or regulations
(b) The Owner further agrees to implement, at its expense, all approved stormwater
management practices ("Practices"), in addition to the Facilities, that are required as part of the
Approval, and such future Practices as may be required by applicable laws, rules, or regulations.
(c) All of the Facilities and Practices in subparagraphs (a) and (b) above shall be
constructed and implemented as shown on the Drawings, in accordance with good engineering
practice and applicable New York State standards and specifications, and to the reasonable
satisfaction of the Town Engineer.
2 Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for
itself, its legal representatives, successors and assigns and any other persons or entities who obtain
title to or an interest in any portion of the properties on which any of the Facilities or Practices are
located, such agreement being expressly intended to run with the land and be binding forever, to
operate, maintain and repair the Facilities and Practices to insure that they continue to function for
their intended purpose and as designed In furtherance of such obligation, and without limiting the
obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plan
for regular and recurring inspections and maintenance of the Facilities and Practices which is part
of the Approval and is set forth "in the approved Storm Water Pollution Prevention Plan for
Cleveland Estates" dated May 2010 and revised September 2010, prepared by Wayne G. Matteson,
Jr P E , filed with the Town on March 26, 2012. In addition, the Owner shall perform such other
inspections, maintenance and repair as may be reasonably required by the Town Engineer in order
to assure the continued operation of the Facilities and Practices as intended and designed The
Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair
and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and
Practices functioning in a good and workmanlike manner.
3. Town Inspections, Repair and other Activities The Owner shall grant to the Town
the Permanent Water, Sewer, Access, Stormwater/Drainage Easements and Rights -of -Way
which is attached to this Agreement as Schedule A The Owner agrees the Town may enter upon
the property described in Schedule A or any portion thereof for the purposes of observing and
inspecting the Facilities and Practices at any time and from time to time as may be deemed
appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or
employees of the Town, and to make repairs to and undertake other actions regarding the
Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of
such inspections, the Town Engineer will notify the Owner in writing and the Owner shall cause
needed repairs to be made and/or needed maintenance performed within the number of days set
forth in such notice. If the Owner fails to complete the repairs and/or maintenance to the
satisfaction of the Town Engineer within the required period, the Town reserves the right (but
does not have the obligation) to have the repairs made and/or maintenance performed and will
charge the Owner for the cost of such repairs and maintenance The Owner agrees to pay for
Page 2 of 6
such repairs and maintenance within 15 calendar days after demand for same. Notwithstanding
the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes
the Town, its officers, agents, contractors and employees, to enter upon the property and effect
emergency repairs to and perform emergency maintenance on, and/or to alter, remove, replace,
or change the size of, any portion of the Facilities or Practices in the event of a threat to the
safety of the Facilities, Practices or properties adjacent to or downstream of any portion of the
Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town
within 15 calendar days of demand for same When any portion of any Facility or Practice is
located off -site or on the property of a third party, the Owner, at its sole cost and expense, shall
obtain easements and rights -of -way thereto acceptable to the Town.
4 Contest of Bills In the event the Town makes repairs or undertakes emergency
activities as described in paragraph 3 above and issues a demand for reimbursement, and the
Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the
Owner, in lieu of paying the amount demanded shall, within 15 calendar days of receipt of the
demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need
for the repairs/activities, or costs, or both, is in dispute, and concisely stating the basis for the
dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or
defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the
Town shall, within 40 calendar days of the filing, arrange for a hearing before the Town Board
which, based upon any relevant materials presented by the Town Engineer and the Owner, shall
issue a resolution determining the dispute within 30 calendar days after the hearing. Such
resolution shall be filed with the Town Clerk who shall arrange for delivery of a copy of the
resolution to the Owner, within 5 calendar days after such filing, at the address for such Owner
set forth at the outset of this Agreement or at such other address as the Owner may designate in
writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it
may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of
New York, provided such proceeding is commenced within 30 calendar days of receipt by
Owner of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees
to the shortened statute of limitations of 30 calendar days within which it must assert its claims
in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an
agreement with the decision of the Board.
5. Addition to Taxes In the event the Town makes repairs or undertakes emergency
activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost
of said repairs/activities within 15 calendar days after the demand for same, or, if contested by the
proceedings set forth above, fails to so reimburse within 30 calendar days of the filing of the final
decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and
interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien
upon the land on which the Facilities or Practices are located. The Town may bring a legal action or
proceeding to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose
such lien As an alternative to the maintenance of any such action, the Town may file a certificate
with the Tompkins County Department of Assessment stating the costs and expenses incurred and
interest accruing as aforesaid, together with a statement identifying the property and Owner so that
the Tompkins County Department of Assessment shall in the preparation of the next assessment
roll assess such unpaid costs, expenses and interest upon such property Such amount shall be
included as a special ad valorem levy (administered as a move tax) against such property, shall
Page 3 of 6
constitute a lien, and shall be collected and enforced in,the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection and enforcement of
real property taxes in the Town of Ithaca The Owner agrees that the assessment of such costs,
expenses and interest shall be effective even if the property would otherwise be exempt from real
estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled
to recovery from the other party of its reasonable costs in prosecuting or defending any action,
including reasonable attorney's fees The prevailing party shall be determined by the court
determining the matter "Prevailing party" shall mean a party which is awarded all or substantially
all of the relief demanded by such party
6. Inspection Reports The Owner shall submit an annual stormwater inspection report
to the Town Engineer on or before the first day of October of each year, with the first report
being submitted the first October following the issuance of the Building Permit.
Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more
frequent basis or on a different timetable where required by the Approval or by law, rule or
regulation Such reports shall, at a minimum, include the location of the property, Owner's
contact information, a summary of completed inspections and results of such inspections, and a
summary of any maintenance activities or corrective actions undertaken. Reports shall be signed
by the Owner or other legally responsible party, and shall attest to the accuracy of the
information provided in the report Failure to submit the reports, or the submission of inaccurate
reports, shall constitute a condition of non-compliance with the Cleveland Estates 16-lot
Subdivision Approval and be subject to enforcement as outlined below.
7 Alterations and Discontinuation of Facilities and Practices. The Owner shall not
authorize, undertake or permit alteration, abandonment, modification or discontmuation of the
Facilities or Practices except in accordance with written approval of the Town and pursuant to
any applicable requirements for modification of subdivision approvals
8. Additional Requirements The Owner shall comply with all Town of Ithaca
stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now
exist or are hereafter added or amended. The parties agree to amend this Agreement as necessary to
incorporate the requirements of any new or amended laws, ordinances or regulations.
9. Recording. This Agreement shall be recorded in the office of the Tompkins County
Clerk and when recorded shall be referenced to the deeds for tax parcels 39.-1-9 3 and 39.-1-
11 1. The costs of recording and referencing to affected deeds and parcels of land shall be the
responsibility of the Owner
10 Binding Effect and Enforcement
(a) The Owner, its legal representatives, successors and assigns, and any other
persons or entities who obtain title to or an interest in any portion of the properties on which any
of the Facilities are located or Practices apply shall be bound by the terms of this Agreement.
The Owner shall execute whatever documents are necessary to make this Agreement binding on
any persons or entities who obtain title to, or an interest in, any portion of the properties on
which any of the Facilities are located or Practices apply.
Page 4 of 6
(b) Failure to comply with any of the requirements of this Agreement shall, without
limiting the remedies otherwise available to the Town, constitute a condition of non-compliance
with the Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be
subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section
268 of the Town Law
11 Representations as to Authority. Each of the persons executing this Agreement on
behalf of the parties represents that he or she has full authority to execute the same on behalf of
his or her party, and that by his or her execution, the party for which he or she is executing this
Agreement is fully bound by its terms
12. Limitation upon Town Liability and Indemnity The Town shall not be liable or
responsible for any injury to persons or damage to property due to the Town's actions, or failures
to act, under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty
that such injury or damage was caused by a reckless or intentional wrongful act of the Town or,
where the Owner is not in breach of this Agreement and no emergency situation exists, by the
Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its elected
officials, employees, agents, subcontractors and consultants for all damages, losses and claims
that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this
Agreement, except this indemnification shall not extend to the proportion of damages, losses and
claims caused by a reckless or intentional wrongful act of the Town or, where Owner is not in
breach of this Agreement and no emergency situation exists, by the Town's negligence. Such
indemnity shall include the costs of defending any action, including reasonable attorney fees,
expert fees, and other litigation costs
13 Waivers. Where the Town Board finds that, due to the special circumstances of a
particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be
granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its
minutes that (1) granting the waiver would be in keeping with the intent and spirit of this
Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the
character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or
surface waters; (3) there are special circumstances involved in the particular case, (4) denying
the waiver would result in undue hardship, provided that such hardship has not been self-
imposed, and (5) the waiver is the minimum necessary degree of variation from the requirements
of this Agreement
14 Assiumient. The Town may assign this Agreement and any of its rights, duties and
obligations to any successor entity or governmental institution, or to any one or more drainage or
other districts hereafter created by the Town
15 Severability In the event that any portion of this Agreement is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day
and year first above written.
TOWN OF ITHA
By:
erbe ng 7Supervisor
STATE OF NEW YORK )
COUNTY OF TOMPKIN� SS
On thedday ofk� 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 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
Debra DeAugistine BIRDS -EYE VIEW PROPERTIES, LLC
Notary Public - State of New York
No. 01 DE6148035
Qualified in Tompkins County
My Commission Expires June 19, 20 _/4
B y• ,'Z,�, '
Travis L. Cleveland Member and Co -Manager
By Y�QCCAW N:��
KaAiryn Cleveland, Member and Co -Manager
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS
On the Z day of �J��J.UL<� in the year 2012, before me, the undersigned, a Notary Public in
and for said State, personally appeared TRAVIS L. CLEVELAND and KATHRYN CLEVELAND,
personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose
names are subscribed to the within instrument and acknowledged to me that they executed the same in
their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf
of which the individuals acted, executed the instrument
Nancy F. Pod*
Notary Public, State of New York
No 01P05037746 /
Qualified in Tompkins County
Commisssion Expires January 3, 20_
N \Guttman & Wallace\TYLER DAVID - clients, etc\CLIENTS\Cleveland, Travis\Cleveland Estates Subdrvwon\Stormwater OM Agrmt REVISED 5 31-12 docx
Page 6 of 6
/�91
PERMANENT WATER, SEWER, ACCESS, STORMWATER/DRAINAGE
EASEMENTS AND RIGHTS -OF -WAY
This Indenture is made this-il{ day of June, 2012 by and between BIRDS -EYE VIEW
PROPERTIES, LLC, a New York limited liability company, with offices at 721 Hudson Street,
Ithaca, New York 14850, (hereinafter "Grantor") and the TOWN OF ITHACA, a municipal
corporation of the State of New York with offices at 215 N. Tioga Street, Ithaca, New York
14850 (hereinafter "Grantee" or the "Town")
WHEREAS, Grantor is the owner of a certain parcel of land totaling approximately 5 4 acres
located on Danby Road on "South Hill" in the Town of Ithaca, Tompkins County, New York,
commonly known as Cleveland Estates Subdivision, tax parcel numbers 39-1-9.3 and 39-1-11 1,
(sometimes herein "the premises") and shown on a Subdivision Plat entitled "Final Subdivision
Plat, Lands of. Birds -Eye View Properties, LLC", dated November 17, 2010, by R James
Stockwm, PLS number 049012, approved by the Tompkins County Health Department on June
10, 2011 and filed in the Tompkins County Clerk's office on March 2, 2012, as Instrument
Number 588197-002, a copy of which Subdivision Plat is annexed to this indenture as Exhibit A
(the "Subdivision Plat"). The Subdivision Plat shows certain easement areas delineating water,
sewer, access, and stormwater/drainage easements, and certain rights -of -way for access to said
easements, as set out separately below Reference is also made to certain Engineer's Plans
(consisting of thirteen sheets) entitled "Cleveland Estates Subdivision, Danby Road, Tompkins
Co. NY, Town of Ithaca", by Wayne C Matteson, Jr, RE, as last redated November 30, 2011
and heretofore filed with the Town on December 5, 2011 (corrected Sheet S-3 filed with the
Town of Ithaca on May 16, 2012) and attached hereto as Exhibit B
NOW WITNESSETH, that Grantor, in consideration of one dollar and other good and valuable
consideration paid by the Town, the delivery, receipt and sufficiency of which are hereby
acknowledged by the Grantor and the Town, does hereby grant, remise, relinquish and release
unto the Town and its successors and assigns forever -
I.
An easement and right-of-way over the private road denominated Buck Drive on the final Subdivision
Plat and Engineer's Plans above described: Being a 60 foot wide parcel of land proceeding westerly
from Danby Road, commencing approximately opposite the access road running easterly from Danby
Road to College Circle apartments Buck Drive proceeds thence westerly from Danby Road for
approximately 243 feet, thence on a curve to the south and then to a terminus in the form of a "T" a
further distance of approximately 400 feet, as more particularly shown on the Subdivision Plat and
Engineer's Plans. Also along the northerly portion of Buck Drive and as it curves south, becoming the
westerly portion of the Buck Drive nght-of-way, there is a 6 foot wide bike and pedestrian path for
public use. The easement and right-of-way hereby conveyed, including the bike and pedestrian path, is
to be constructed and maintained by the Grantor and not by the Town, and is also intended to provide
access to the sewer and water mains, and to the subdivision stormwater facilities and infrastructure
related thereto pursuant to the "Operating, Maintenance and Reporting Agreement" of even date
herewith between the parties hereto, which is incorporated herein by reference
H.
Easement for access by vehicles and persons, and right-of-way over the existing 20 foot wide
sewer easement held by the Town running northerly from Buck Drive to the northerly line of the
subdivision, for the purpose of accessing the "20 foot wide buffer zone & pond access" shown
on the Subdivision Plat.
- 1 -
[Gary Cleveland joins in this grant solely for the purpose of granting rights to the Town over the
small portion of the said existing sewer right-of-way abutting the south line of his stone drive. He
also Joins in this grant for the further purposes of (1) acknowledging to the Town and to the
Grantor (Developer) the slight encroachments of the southerly line of said stone drive at the
extreme northeast corner of the subdivision, where said drive joins Danby Road (where the
Subdivision Plat shows "existing woods" as part of the "buffer zone"), and where the southerly line
of said stone drive touches the north line of the subdivision along and just west of the existing 20
foot wide sewer easement mentioned above, and (2) granting access for emergency purposes only,
to the existing 24 inch wide culvert running under the stone driveway of the said Gary Cleveland
as shown on the Subdivision Plat]
From thence said right-of-way and access runs westerly, immediately adjacent to the northerly
subdivision line, over a 20 foot wide strip denominated "buffer zone and pond access" to the
northwest corner of the subdivision and parcel denominated on the Subdivision Plat as "proposed
detention pond and buffer zone area 37,444 sq ft "
III.
Easement for access for emergency maintenance purposes to the 30 inch culvert running
northwesterly from Danby Road and across Buck Drive (proposed to be extended approximately to
the northerly line of Buck Drive), again as shown on the Subdivision Plat. Also, access to a
stormwater ditch that begins where the said culvert under Buck Drive ends and running to the
northern property line to the above said 24 inch culvert under the said stone drive of Gary Cleveland.
IV.
Easement for access and right-of-way to the "proposed 20 foot easement for drainage and pond
access" from Buck Drive running northwesterly between subdivision lots 2 and 3 as reflected on the
Subdivision Plat, to the "proposed detention pond and buffer zone" plus access over the 20 foot wide
"proposed 20 foot utility easement" running northwesterly from Buck Drive to the pump station at
the easterly side of the "detention pond and buffer zone" referenced above, for the purposes of
emergency maintenance of the said pump station Access is also provided over the "proposed 40
foot wide utility easement" along the westerly line of the subdivision, running southerly from the
"detention pond and buffer zone" to the southerly terminus of the westerly portion of the "T"
terminus of Buck Drive. This right is also given with respect to the sewer easement described below
V.
An easement and right-of-way over, under, and across those areas shown on drawing S — 3 of the
November 30, 2011 Engineer's Plans referred to above, 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 and laterals, collector 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, or under the easement areas shown in the said
Engineer's Drawing S —3, and for access by pedestrians and vehicles over Buck Drive to said
easement areas The rights granted under this paragraph are in the nature of permanent rights -of -
way for water and sewer service to the lots within the subdivision. The Town shall accept and
receive by dedication the water mains and laterals up to the curb boxes and that portion of the
sewer main in Buck Drive between manholes number one and number two The Grantor shall be
responsible for the maintenance, repair and replacement of the balance of the sewer mains and
pump station not received by dedication to the Town, as well as all construction of the
infrastructure for a water and sewer service.
-2-
VI.
Also included in this Agreement are temporary construction easements, if they should be needed
by the Town to make effective all the rights granted hereby as set forth above, onto the adjacent
lots of the subdivision in order to effect the rights of the Town granted hereunder
AND, Grantor further covenants and agrees.
1 Grantor, for itself and all of its successors and assigns, covenants and agrees that no
buildings or structures shall be constructed or placed within the easement areas described herein
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 mams, laterals, collectors, Imes,
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 premises,
including on or beneath the surface of any portions of the easement areas herein, in accordance
with permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated
within or near the easement areas 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 the easement areas
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 the easement areas 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
S 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 and easement areas herein in a neat and presentable condition, returning the
premises and said easement areas as nearly as practicable to its condition before such entry.
-3-
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals as of
the day and year first above written.
By -
Gar leveland, Abutting Property Owner
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS
On the ?""day
�day of —TdA✓a� to the year 2012 before me, the undersigned, a Notary Public in and for said
State, personally appeared GARY CLEVELAND, 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
r
Not Public
Nancy F. Pod* BIRDS -EYE VIEW PROPERTIES, LLC
"M" pmw, state off Yorkta %
Qualified in Tompkins County >
Commisssion Expues January 3, 20-
Travis L Cleveland, Member and Co -Manager
B y
Kathryn Cl veland, Member and Co -Manager
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS
On the 7 day of .1dA4_ in the year 2012, before me, the undersigned, a Notary Public in and for said
State, personally appeared TRAVIS L. CLEVELAND and KATHRYN CLEVELAND, personally known to me
or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on
the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument
aXry Pu N tancv
F. POchav
Notary Pubtit, state of Now York
No O1POS037746
Qualified in Tompkins County
Commisssion Expires January 3, 20_ F
STATE OF NEW YORK )
COUNTY OF TOMPKI SS ) S
On the/day' in the year 2012 before me, the undersigned, a Notary Public in and for said
State, personally appeared RBERT J. 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 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
Debra DeAugfstine
Notary Public - State of New York
Nry Pub No 01 DE6148035
ota
Qualified in Tompkins County
My Commission Expires June 19, 20
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