HomeMy WebLinkAbout599473-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tloga Street
Ithaca, NY 14850
(607)274-5431
Fax (607) 274-5445
No of Pages 9 Delivered By
(including this _ MILLER MAYER, LLP
cover page)
Receipt No 599473 Return To
MILLER MAYER, LLP
Date 11 /01 /2012
Time 10 18 AM
Document Type EASEMENT/LEASE
Parties
To Transaction ITHACARE CENTER SERVICE COMPANY
Town/City
Deed Information
Taxable Consideration $0 00
State Transfer Tax $0 00
County Transfer Tax $0 00
RETT No 00531
Instrument Number
*599473-002*
Mortgage Information
Taxable Mortgage Amount
Basic Mortgage Tax
Special Mortgage Tax
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 V'L--t-
Tompkins Count)( Clerk
Please do not remove this page.
1111111111111111111111111111111111111111111111111 IN
i
RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made this 6);411
day of 2012, by and between Ithacare Center
Service Company, Inc. ("Company"), a New York State not -for -profit corporation located at 1 Bella
Vista Drive, Ithaca, New York 14850, Tompkins County Industrial Development Agency, ("Agency"
and collectively with Company, "Grantor") and the Town of Ithaca, an incorporated municipality of the
state of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town")
WITNESSETH That the 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
the Grantor and the Town, does hereby grant and release unto the Town, its successors and assigns forever, a
RIGHT-OF-WAY and EASEMENT to make lay, construct, operate, observations of, inspect, maintain, alter,
repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities,
including ditches, ponds, and other and related appurtenances and devices, together with the rights of free
ingress and egress in, over, upon and under the parcels of land described on Schedule A attached hereto
(the "Premises"), such parcels being the areas of the permanent easements and rights -of -way, and
including the right to trim and/or remove obstructing trees, shrubs and other obstructions on said parcels of
land situate in the Town of Ithaca, County of Tompkins and State of New York, with the easement being
more particularly described as
The footprints of, and 20-foot wide swaths around, as necessary, all drainage, stormwater and sediment
control facilities, including without limitation the area around the detention basin being 147'3" north -
south and 288' east -west as shown on a drawing entitled Utility Easement Locations Sheet EA1 0, dated
8-13-12, made by Schopfer Architects LLP, and/or shown on Sheet D1, titled Stormwater Management
Plan, dated September 15, 2011, revised October 14, 2011, revised November 28, 2011, revised January
27, 2012, and further revised August 6, 2012, made by Dunn & Sgromo Engineers, which Sheets are
attached hereto and incorporated herein by reference (together with the rights of free ingress and egress
in, over, across, upon and under the Premises as necessary to accomplish the above purposes)
FURTHER WITNESSETH: That the Company covenants and agrees that no buildings or structures
(except for roads, buildings and other structures to be constructed, used and maintained on or beneath the
surface of the Premises in accordance with permits and approvals issued by Grantee) shall be constructed
within the aforesaid nght-of-way and permanent easement which will in any way interfere with complete
access by the Town, its successors, assigns, employees and agents to lay, construct, operate, make
observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances
AND, Company further covenants and agrees
1 Company, for itself and all successors and assigns, covenants and agrees that no buildings or
structures (except for roads, buildings and other structures to be constructed, used and maintained on or
beneath the surface of the Premises in accordance with permits and approvals issued by Grantee) shall be
constructed within the aforesaid nght-of-way and permanent easement which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to lay, construct, operate, make
observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances
2 Company, for itself and all 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 in accordance with
permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated that may
interfere with the said easement and right-of-way "
Page 1 of 6
3 Company, for itself and all successors and assigns, covenants and agrees that, except to the extent
necessary for the construction, use and maintenance of roads, buildings and other structures on the
Premises in accordance with permits and approvals issued by Grantee, it will not permit or conduct any
mining, excavation, construction or blasting within said easement and right-of-way
4 Company, for itself and all successors and assigns, covenants and agrees that, except during the
construction or maintenance of roads, buildings and other structures to be constructed, used and
maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by
the Grantee, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes
with the ingress and egress rights of the Town, its successors, assigns, employees and agents
5 Company, for itself and all successors and assigns, covenants and agrees that it will place the
following provision in all conveyances of the property or portions thereof covered by this easement, or
any rights therein
"Being the purpose of the said drainage easement and right -of way to convey rights to the
Town of Ithaca for drainage, storm sewer, sediment control and stormwater management
purposes, including the conveyance of rights to said Town to lay, construct, operate,
make observations of, inspect, maintain, alter, repair, remove, replace or change the size of
drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other
and related appurtenances and devices, together with the rights of free ingress and egress
in, over, upon and under the below- described permanent easement and right-of-way, and
including the right to trim and/or remove trees, shrubs and other obstructions all of which
rights are (1) set forth in a permanent easement and right-of-way granted to the Town, the
terms, obligations and conditions of which are expressly incorporated herein, and (2)
assignable by the said Town to any successor or assign, or to any Drainage District now
existing or hereafter to be formed "
Agency Special Obligations
Notwithstanding any other terms or conditions contained in this Right -of -Way and Easement
(a) This Right -of -Way and Easement is executed by the Agency solely to grant the
Easements set forth in this Right -of -Way and Easement and for no other purpose All representations,
covenants, and warranties of the Agency and Company herein are hereby deemed to have been made by
the Company and not by the Agency
(b) The obligations and agreements of the Agency contained herein or therein shall not
constitute or give rise to an obligation of the State of New York or Tompkins County, New York, and
neither the State of New York nor Tompkins County, New York shall be liable hereon All obligations of
the Agency hereunder shall constitute a special obligation payable solely from the revenues and other
monies, if any, derived from the Company by means of this Right -of -Way and Easement Neither the
members of the Agency, nor any person executing this Right -of -Way and Easement on its behalf shall be
liable personally under this Right -of -Way and Easement No recourse shall be had for the payment of any
expenses or costs pursuant to this Right -of -Way and Easement, or based upon or in respect of this Right -
of -Way and Easement, or any modification of or supplement hereto, against any past, present, or future
member, officer, agent (other than the Company), servant, or employee, as such, of the Agency or of any
successor or political subdivision, either directly or through the Agency or any such successor, all such
liability of such members, officers, agents (other than the Company), servants and employees being, to
the extent permitted by law, expressly waived and released by the acceptance hereof and as part of the
consideration for the execution of this Right -of -Way and Easement Any judgment or decree shall be
enforceable against the Agency only to the extent of its interest in this Easement and any such judgment
Page 2 of 6
shall not be subject to execution on or by a hen on assets of the Agency other than its interest in the
Easement
(c) No order or decree of specific performance with respect to any of the obligations of the
Agency hereunder shall be sought or enforced against the Agency unless the party seeking such order or
decree shall first have requested the Agency in writing to take the action sought in such order or decree of
specific performance, and ten (10) days shall have elapsed from the date of receipt of such request, and
the Agency shall have refused to comply with such request (or, if compliance therewith would reasonably
be expected to take longer than ten (10) days, shall have failed to institute and diligently pursue action to
cause compliance with such request) or failed to respond within such notice period If the Agency refuses
to comply with such request and the Agency's refusal to comply is based on its reasonable expectation
that it will incur fees and expenses, the party seeking such order or decree may, at its option, place in an
account with the Agency an amount or undertaking sufficient to cover such reasonable fees and expenses
whereupon the Agency shall agree to comply with such request If the Agency refuses to comply with
such request and the Agency's refusal to comply is based on its reasonable expectation that it or any of its
members, officers, directors, servants, agents (other than the Company) or employees shall be subject to
potential liability, the party seeking such order or decree may, at its option, (1) agree to protect, defend,
indemnify and hold harmless the Agency and its members, officers, directors, servants, agents (other than
the Company) and employees against any liability incurred as a result of its compliance with such
demand, and (2) if requested by the Agency, furnish to the Agency reasonably satisfactory security to
protect the Agency and its members, officers, directors, servants, agents (other than the Company) and
employees against all liability reasonably expected to be incurred as a result of compliance with such
request whereupon the Agency shall agree to comply with such request
7 The Company hereby agrees to indemnify and hold the Agency harmless (including payment of
reasonable attorney's fees and costs) against and from any liability resulting from this Right -of -Way and
Easement and/or action undertaken by the Company pursuant to this Right -of -Way and Easement
AND FURTHER, Grantor and the Town acknowledge that the easement and rights -of -way hereby
granted are fully assignable by the Town, without prejudice or recourse
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns
forever
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals the day and year first above
written
IN PRESENCE OF
ITHACARE CENTER SERVICE COMPANY, INC
By ✓ l �-� G A
Noel Desch, President
TOMPKINS COUNTY DUSTRIAL DEVELOPMENT AGENCY
By I
Michael B Stamm, Administrative Director
• _�c .._i/ ��
i
By
He;.-WE;gm`an
:�Pervisor/
Page 3 of 6
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss
On the/L^ay of a&LVI— , in the year 2012, before me, the undersigned, personally appeared Noel
Desch, President, 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
Notary Pub1y NANCY E WOODARD
NOTARY PUBLIC, State of New York
STATE OF NEW YORK } No 01 W05041336
COUNTY OF TOMPKINS } ss Qualified in Tompkins County��s
Commission Expires April 03,
On the 2.3 day of C:� r , in the year 2012, before me, the undersigned, personally appeared
Michael B Stamm, 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 sigiature on the mstru ent, the individual, or the
person upon behalf of which the individual acted, exe it d the iiAAime
Notary Public
1NA K ARTHUR
NOTARY PUBLIC - STATE OF NEW YORK
STATE OF NEW YORK } NO QUALIFIED IN TOM KINS19756 COUNTY
COUNTY OF TOMPKINS } ss COMMISSION EXPIRES DECEMBER 1, 201.E--
On thec day of ,, v , in the year 2012, before me, the undersigned, personally appeared
Herbert J Engiiian, 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
NkLag Public
H \0151\018\Easements\Final Easements\TOWN ROW and Easement FINAL docx
Debra DeAugistine
Notary Public - State of New York
No 01DE6148035
Qualified in Tompkins County
My Commission Expires June 19, 20
Page 4 of 6
SCHEDULE A
PARCEL 1 [Tax Map #39-1-1.311
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins, State of New York, bounded and described as follows
BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of
New York as appropriated for the Ithaca - Danby State Highway No 5043 and delineated on Map 15,
Parcel 22, and recorded to the Tompkins County Clerk's Office, said pin being located a perpendicular
distance from the present centerline of the Danby Road, State Highway Route No 96B of 110 0 feet and
is located 7 7 feet northerly from a granite highway monument found,
Running thence westerly an average bearing of N 83 degrees 26' 05" W a distance of 1,434 92
feet to an existing iron pipe,
Running thence north an average bearing of N 04 degrees 26' 55" E a distance of 714 42 feet to
an existing iron pipe,
Running thence N 89 degrees 5724" E a distance of 1,375 48 feet to an existing iron pin,
Running thence S 78 degrees 28' 05" E a distance of 230 00 feet to an existing iron pin set in the
westerly highway line of New York State Route 96B, Danby Road,
Running thence S 11 degrees 31' 55" W along the westerly highway line of New York State
Route 96B, the Danby Road, for a distance of 525 0 feet to an existing iron pin, said iron pin marks the
northeasterly corner of the scenic overview area as appropriated by the State of New York,
Running thence N 78 degrees 33' 31" W along the northerly line of the scenic overview area for a
distance of 60 00 feet to an existing iron pin,
Running thence S 11 degrees 30' 40" W along the westerly line of the scenic overview area for a
distance of 335 64 feet to an existing iron pin, being the point and place of beginning
PARCEL 2 [Tax Map #39-1-3.21
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins and State of New York bounded and described as follows
BEGINNING at an iron pin set in the westerly line of NYS Route 96B (&Wa Danby Road) said
pin being 36 4f feet westerly from a point in the center line of NYS Route 96B (aWa Danby Road) which
point is 181f feet north of the intersection of the center line of NYS Route 96B (a/k/a Danby Road) with
the center line of Vista Lane, proceeding
Thence North 83' 11' 07" West along the northerly line of premises reputedly now or formerly of
L Martin Bowman (Leber 784 of Deeds at Page 149) a distance of 590 32 feet to an existing iron pipe,
proceeding
Thence North 84' 59' 11" West along the northerly line of premises reputedly now or formerly of
Margaret M Rumsey (Leber 619 of Deeds at Page 147) a distance of 249 72 feet to an existing iron pipe,
proceeding
Page 5 of 6
Thence North 05' 51' 08" East along the easterly line of premises reputedly now or formerly of
Robert E Cofer III (Leber 611 of Deeds at Page 160) a distance of 427 09 feet to an existing iron pipe,
proceeding
Thence South 83' 26' 05" East along a southerly line of premises now or formerly of Ithacare
Center Service Co (Liber 794 of Deeds at Page 235) a distance of 507 20 feet to an existing iron pipe,
Thence South 11 ° 37' 53" West along the westerly line of premises reputedly now or formerly of
Kelly (Liber 693 of Deeds at Page 255) a distance of 140 0 feet to a set iron pin, proceeding
Thence South 83' 26' 05" East along the south line of said Kelly premises (Liber 693 of Deeds at
Page 255) a distance of 153 92 feet to a set iron pin, proceeding
Thence South 09' 44' 49" West along the westerly line of premises reputedly now or formerly of
Kelly (Instrument #509295-001) a distance of 207 82 feet to a set iron pin, proceeding
Thence South 83' 11' 07" East along the southerly line of said Kelly premises (Instrument
#509295-001) a distance of 212 22 feet to an iron pin set in the westerly highway line of NYS Route 96B
(a/k/a Danby Road), proceeding
Thence South 09' 44' 49" West along the westerly highway line of NYS Route 96B (a/k/a Danby
Road) a distance of 75 10 feet to the iron pin set at the point or place of beginning, containing 6 101 acres
of land
Reference is hereby made to a survey map incorporated herein by reference entitled "Survey Map
Showing Lands of Ithacare Center Service Company, Inc , Located on Danby Road, Town of Ithaca,
Tompkins County, New York" dated April 4, 2012, by T G Miller P C , Engineers and Surveyors
Page 6 of 6
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