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Home My WebLink About600846-001600846-001 - - 12/03/2012 12:00:00 AM Aurora R. Valenti y#*•} TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 • ' (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 5 (including this coverpage) Receipt No. 600846 Date: 12/3/2012 Time: 04:21 PM Instrument Number *600846-001 * Delivered By: WILLIAMSON, CLUNE, & STEVENS Return To: WILLIAMSON, CLUNE, & STEVENS Document Type: EASEMENT/LEASE Parties To Transaction: EAC MONTESSORI -- TOWN OF ITHACA Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00677 Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: State of New York Mortgage Serial No.: Tompkins County Clerk 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. V'L't�- Tompkins County Clerk Please do not remove this page. • 6 0 0 8 4 6- 0 0 1 600846-001 12/03/2012 12:00:00 AM �0• 3 O D O p RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made thi?day of �� 2012, by and between the EAC MONTESSORI SCHOOL OF ITHACA 501 ( C ) 3 located at 120 East King East, Ithaca, New York 14850 ("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, porous pavement parking lots, underground stormwater storage facilities and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below -described parcels of land, 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, all as more particularly described as follows: tax parcels 43-1-3.5, 43- 1-3.6 and 43-1-3.21 at 120 & 122 King Road East. FURTHER WITNESSETH: That the Grantor 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 right-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, porous pavement parking lots, underground stormwater storage facilities and other and related appurtenances. 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 (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 right-of-way and permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, 1 600846-001 12/03/2012 12:00:00 AM Exhibit A 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, porous pavement parking lots, underground stormwater storage facilities, and other and related appurtenances. 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 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. 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 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. Grantor, for itself and all of its 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. Grantor, for itself and all of its 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, porous pavement parking lots, underground stormwater storage facilities 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 2 600846-001 12/03/2012 12:00:00 AM Exhibit A 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." 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 and Grantee have hereunto set their hands and seals on the day(s) and year written below. EAC MONTESSORI SCHOOL OF ITHACA. By: ✓ ,,r.t f Lisa R. Smith Executive Director State of New York ) County of Tompkins ) ss.: TOWN OF ITHACA By - Herbert, Engm Supe isor On the day of Za6g11 the year 2012 before me, the Y undersigned, personally appeared Lisa R. Smith, 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 alf of which th individual(s) acted, executed the instrument. item y Pu �1 N tarblic Y Aebeoca Nobly Public. State York No. 01 J06046462 Qualified in Tompkins County Commission Expires July 17.201, 3 600846-001 12/03/2012 12:00:00 AM Exhibit A State of New York ) County of Tompkins ) ss.: On the ; ; W ..day of .. in the year 2012 before me, the undersigned, personally apeared 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. Notary Public Debra DeAugistine Notary Public - State of New York No. 01 DE6148035 Oualified in Tompkins County My Commission Expires June I , 20 4