HomeMy WebLinkAbout598641-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax (607) 274-5445
Instrument Number
*598641-001 *
No of Pages 8 Delivered By
(including this SCH LATHER, STUMBAR, PARKS & SALK
coverpage)
Receipt No 598641 Return To
SCH LATHER, STUMBAR, PARKS & SALK
Date 10/16/2012 200 E BUFFALO ST
PO BOX 353
Time 11 40 AM ITHACA, NY 14851
Document Type EASEMENT/LEASE
Parties
To Transaction HOLOCHUCK HOMES - TOWN OF ITHACA
Town/City
Deed Information Mortgage Information
Taxable Consideration $0 00 Taxable Mortgage Amount
State Transfer Tax $0 00 - Basic Mortgage Tax
County Transfer Tax $0 00 Special Mortgage Tax I
RETT No 00439 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
it u.t'ra>._x
Tompkins County Clerk
Please do not remove this page.
Easement for Three Pedestrian 10 foot Rights of Way
THIS INDENTURE is made this day offi�� 2012 by and
between HOLOCHUCK HOMES, LLC a New York limited liability company, 7 Brightside
Avenue, East Northport, New York 11731 ("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 certain parcels of land totaling approximately 110 acres, located
in the Town of Ithaca, Tompkins County, New York, identified as tax parcel numbers 24 -3-3 2,
25 -1-5 1, 25 -2-41 2, 26 -4-37, 26 -4-38, and 26 -4-39, commonly known as the Holochuck
Homes Subdivision or The View at West Hill, and shown on a Subdivision Plat entitled "The
View at West Hill", made by Keystone Associates, dated December 1, 2011, and filed in the
Tompkins County Clerk's office on Se m b-Cr 2-0 , 2012, as Instrument Number
59 15 009 - CDC . The Subdivision Pl t shows three easement areas delineating a ten (10)
foot wide right of way entitled "Future 10' Right of Way" 'on the northern portion of the
Subdivision Plat (the "Northern Pedestrian Right of Way") and two ten (10) foot wide rights of
way entitled "Future 10' Right of Way" on the southern portion of the Subdivision Plat, one
being located on the southerly side of the "Cluster Road," and the other being along the
southeasterly side and property line of the Lakeside Nursing Home, Inc (R O ) parcel (herein,
individually and together, the "Southern Pedestrian Right of Way")
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties agree as follows
1 ACCESS EASEMENT Grantor hereby grants and conveys to the Town, for the
benefit of the Town, its guests and invitees, and the general public, a perpetual, non-exclusive
easement and right of way for pedestrian ingress and egress and passageway upon, over and
across the Northern Pedestrian Right of Way and the Southern Pedestrian Right of Way
2. SUCCESSORS AND ASSIGNS This Agreement shall run with the land and
shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties
hereto
3 AMENDMENTS The provisions of this Agreement may not be modified,
rescinded or amended except by written consent, duly executed and acknowledged by the parties
hereto or their successors and assigns
4 INVALIDITY OF CERTAIN PROVISIONS The invalidity of any portion of
this Agreement or any of the provisions hereof by judicial decision or otherwise shall not affect
the remaining provisions hereof which shall remain in full force and effect This Agreement
may be executed in counterparts
5. NEGATIVE COVENANTS OF GRANTOR The Grantor covenants and agrees as
follows
A-1 1816544 9 6/10/2011
a The Grantor, for itself and all of its successors and assigns, covenants and agrees
that no building or structures shall be constructed or placed within the aforesaid
area of the easement and right-of-way without the advance written consent of the
Grantee, except that normal and customary trail and walkway improvements shall
be constructed in accord with the requirements of the Grantee,
b The Grantor, for itself and all of its successors and assigns, covenants and agrees
that no trees or other plants will be planted or cultivated that may interfere with the
said easement and right-of-way except in accord with project approvals duly issued
by the Grantee,
c The Grantor, for itself and all of its successors and assigns, covenants and agrees
that it will not permit or conduct any mining, excavation, construction, or blasting
within said area of the easement and right-of-way, except as necessary to construct
the trail and walkway improvements referred to above,
d The Grantor, for itself and all of its successors and assigns, covenants and agrees
that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or
interfere with the ingress and egress rights of the public or the Grantee, its
successors, assigns, employees and agents, nor with the travelling and use rights of
the general public in and to such pathway or walkway.
BEING the purpose of this easement and right -of way to convey rights to the Town of
Ithaca for the purposes of said public trail or pathway, including rights of free ingress
and egress in, over, and through the above -described premises, each and all of which
rights, and this easement, are now and hereafter assignable by the Town to any
successor or assign, or to any improvement or special benefit district now existing or
hereafter formed or created
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals
on the day(s) and year written below
HOLOCHUCK HOMES, LLC
By Holochuck Homes, LLC
DM, atthewb oloc k, Member
avid M Parks, his age
TOWN OF ITHACA
BAme.N
Title Tlzl�_S� ���}\�o(^
2 1816544 9 6/10/2011
STATE OF NEW Y RK )
COUNTY 0F�4Zi (,� ) ss
On the day of o,+o \ m the year 2012 before me, the undersigned,
personally appeared DAVID M PARKS, 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
capacrty(ies), and that by his/her/their signature(s) on the instrument, the indrvidual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument
6" vt4
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss
Deanna M. Hill
NOW Publicl%0 of New Yak
Qualified in Tioga County
registration Number.
es V631� 3
My Commiss►on Exp
On the Ic ` day of Serj4 d Ol Z in the year 2012 before me, the undersigned,
personally appeared r 6-e YLG m Ca v_, 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 mdividual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument
Notary Public _ "
KELEy
Notary Publi State Of w York
No Qualit it edfSchuyler County
Commission ExPires May 17, 201
3 1816544 9 6/1 a2011
Schedule A
The Northern Pedestrian Right of Way
A ten (10) foot wide right of way commencing at point on the north street line o f the Main Access Drive
as identified and shown on the Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route
96 Town of Ithaca Tompkins County State of New York" Sheet No C220, as approved by the Town of
Ithaca Planning board by resolution dated April 17, 2012 (hereinafter referred to as the "Subdivision Plat
Sheet No 220"), said point being N 74° 14' 59" E 4 49 feet easterly along the street line of the Main
Access Drive, said point also marking the south-western corner of lands now or formerly reputedly of
Future PRI, LLC (512683-004),
Running thence N 16' 56' 10" W, along lands now or formerly reputedly of Future PRI, LLC (512683-004),
24165 feet to a point marked by a found W capped rebar,
Running thence N 52° 54" 00" W, continuing along lands now or formerly reputedly of Future PRI, LLC
(512683-004), 87 92 feet to a point marked by a found W capped rebar,
Continuing thence N 52° 54" 00" W, continuing along lands now or formerly reputedly of Future PRI, LLC
(512683-003), 317 26 feet to a point marked by a found W capped rebar
Running thence N 40' 33' 45" W, along lands now or formerly reputedly of the Paleontological Research
Institute (464/405), 380 81 feet to a point marked by a found 5/8" Iron Pipe marking the northwestern
boundary of lands of the Subdivision Plat Sheet No 220 and the southern property boundary of lands
now or formerly reputedly of the Tompkins Community Hospital, Inc (581/1149) and the northeast
boundary of land now or formerly reputedly of the Paleontological Research Institute (464/405),
Running thence easterly 10 feet to a point marking the north-eastern boundary of the Northern
Pedestrian Right of Way,
Running thence S 40° 33' 45" E, 278 15 feet to a point, said point marking the south-eastern boundary of
lands identified as "Hatched Parcel to be Conveyed to New York State Office of Parks, Recreation, and
Historic Preservation" (hereinafter "State Parks Land") on the Subdivision Plat Sheet No 220,
Running thence N 61° 42' 48" E, along State Parks Land, 767 26 feet to a point,
Running thence S 31° 22' 04" W, along land identified as "Home Owners Association Parcel 3" and along
the western boundary of Building 14 Lot A, to a point marking the northern street line of the cul-de-sac
at the northern end of the Cluster Road all as shown on the Subdivision Plat Sheet No 220,
Running thence easterly along the street line of the cul-de-sac at the northern end of the Cluster Road
10 feet to a point,
Running thence N 31° 22' 04" W, through land identified as "Home Owners Association Parcel 3" to a
point 10 feet south of State Park Land,
Running thence N 61° 42' 48" E, 747 26 feet to a point 10 feet east of lands now or formerly reputedly of
the Paleontological Research Institute (464/405),
Running thence S 40' 33' 45" E, 92 66 feet to a point,
Running thence S 52° 54' 00" E, 405 18 feet to a point,
Running thence S 16' 56' 10" E, 24165 feet to a point on the north street line of the Main Access Drive
as identified and shown on the Subdivision Plat Sheet No 220,
Running thence easterly along the north street line of the Main Access Drive 10 feet to a point, being the
point or place of beginning
Reference is hereby made to a survey plat map entitled "HOLOCHUCK HOMES SUBDIVISION NYS
ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C220" dated December
1, 2011, made by Keystone Associates, said map being incorporated herein by reference and recorded in
the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-001
The Southern Pedestrian Right of Way
Commencing at a point on the south street line of the Cluster Road, as identified and shown on the
Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route 96 Town of Ithaca Tompkins
County State of New York" Sheet No C210, as approved by the Town of Ithaca Planning board by
resolution dated April 17, 2012 (hereinafter referred to as the "Subdivision Plat Sheet No 210"), said
point being 5 feet± easterly along the street line of the Cluster Road from the property line of Building 3,
Lot A and Building 2, Lot F,
Running thence S 41° 24' 55" E, 5 feet ± from and along the property line of Building 3, Lot A and
Building 2, Lot F as identified and shown on the Subdivision Plat Sheet No 220, 134 10 feet to a point on
the southern property boundary of Building 3, Lot A;
Running thence S 44° 30' 00" E, along the rear property boundaries of Building 3, lots A, B, C & D as
identified and shown on the Subdivision Plat Sheet No 220, 108 78 feet to a point,
Running thence S 50° 42' 05" E, 28163 feet to a found rebar with cap, said point marking the southeast
corner of lands identified and shown as Home Owners Association Parcel 1 on the Subdivision Plat Sheet
No 220, the southeast corner of lands now or formerly reputedly of Kathleen A. Friedrich (776/119) and
the northern boundary of lands now or formerly reputedly of Triquad (510/793),
Running thence N 59° 23' 16" E, approximately 1118 feet to a point;
Running thence N 50° 42' 05" W, approximately 276 63 feet to a point,
Running thence N 44° 30' 00" E, 108 78 feet to a point,
Running thence N 41° 24' 55" W, along a course 5± feet easterly from and along the property line of
Building 3, Lot A and Building 2, Lot F 134 10 feet to a point on the street line of the Cluster Road as
identified and shown on the Subdivision Plat Sheet No 220,
Running thence westerly along the street line of the Cluster Road to a point on the south street line of
the Cluster Road as identified and shown on the Subdivision Plat Sheet No 220, being the point or place
of beginning
Reference is hereby made to a survey plat maps entitled "HOLOCHUCK HOMES SUBDIVISION
NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C210" and
"HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK
SUBDIVISION PLAT C220"both dated December 1, 2011, made by Keystone Associates, said maps being
incorporated herein by reference and recorded in the Tompkins County Clerk's Office on September 20,
2012 as Instrument Number 597509-001
The Nursing Home Right of Way
Commencing at a point on the division line between the property now or formerly of Lakeside
Nursing Home, Inc per L 733 P 276 (TM# 26-4-46 1) on the southwest and the property now or
formerly of the Homeowners Association (Parcel 2) on the northeast, as identified and shown on the
Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route 96 Town of Ithaca Tompkins
County State of New York" Sheet No C210, and referred to therein as the "POB Pedestrian ROW",
Running thence N49212'48"E through said Home Owners Association (Parcel 2), a distance of
108 52 feet to a point at its intersection with the southwesterly boundary of Cluster Road,
Running thence S30221'28"E along said Cluster Road, a distance of 10 17 feet to a point,
Running thence through said Home Owners Association (Parcel 2) 549212'48"W, a distance of
264 15 feet to a point,
Running thence N52917'12"W, a distance of 10 20 feet to a point at its intersection with the
division line between said Lakeside Nursing Home on the northwest and said Home Owners Association
(Parcel 2) on the southeast,
Running thence N49212'48"E along the last mentioned division line, a distance of 159 50 feet to
the point or place of beginning
Reference is hereby made to a survey plat map entitled "HOLOCHUCK HOMES SUBDIVISION NYS
ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C210" dated December
1, 2011, made by Keystone Associates, said map being incorporated herein by reference and recorded in
the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-001