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Home My WebLink AboutBF172565-001WALKWAY EASEMENT TOWN OF ITHACA WALKWAY PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 519 Warren Road Ithaca NY 14850 Town of Ithaca Tax Parcel Number: 70.-1-50 � J �I d THIS INDENTURE made as of the day of !) 20�, BETWEEN: Michael and Lois Ocello 519 Warren Road referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, GRANTEE has authorized the construction of a walkway along Warren Rd; in order to complete the work necessary or reasonable to render proper lawn restoration for property owners; which by reason of the topography and grades in certain locations must depart from established highways, rights-of-way, easements or other Town property in the Town of' Ithaca, and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the a walkway abuts private property for the above reasons; NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the community, and otherwise, and in further consideration of the covenants herein contained and other good and sufficient consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and assigns forever: A Temporary easement to enter upon for the purpose of maintenance and repair of such lawn across or upon the lands of the GRANTOR in the Town of Ithaca. The width of the easement and the approximate location are shown on the attached map. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: lien The Town will place walkway and lawn restoration so as not to damage existing tree roots. If within 5 years the trees die from damage caused by placement of walkway or lawn restoration the Town will remove the trees at no cost to property owner. The Town of Ithaca will have the responsibility of maintaining and repairing the walkway including but not limited to plowing in the winter. All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to said property covered by said easement, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause inlury or damage to the lawn restoration. Whenever any work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed; the premises will be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably possible. If any damage is caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice verbally or in writing to the GRANTEE at the Town of Ithaca Oftices at 215 North Tioga Street, Ithaca, New York, immediately after becoming aware of any such damage or failure to restore the property. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca to notify the Department of Public Works. Any action against the Town must be commenced within five years from the happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. EASEMENT -- Town of Ithaca Walkway Easement This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien. OWNER(s) NAME e dls V, dCz�14_0 l c f&e2 / ', (-Gey. G -v OWNER(s) SIGNATURE L.S. r L.S. State of New York. County of Tompkins SS: On the 3��d ay of,unJtyin the year a before me, the undersigned, personally appeared. Ok,elln Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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. / / S f s ,� Vii% , -1 JILL B HOWLAND Du -Cam `� , Qu NOTARY PUBLIC STATE OF NEW YORK vfj J,c-A A" II TOMPKINS COUNTY y,, is ✓ rxj LIC. #01H06017241 NO RY P15BLIC ��S6j �� N C �-rw ►� COMM. EXP 1y07/2010 `l KAREN M, BILLINGS µ TOWN OF ITHACA N01ary Public State of New York NO, OiB16179590 - Quallifiod In Tom -pkips Count� " BY t,' r � ��' VJ ONiMt1$ I'Oh l`VMS December 2011 - - IGN E - State of New York. Coun4o'ompkins SS: e ��M r �qdl �' day of in the year befor me, the and signed, personally appeared. r Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s),is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hier/their capucity,(iesj, and that by his/her/their signature(s) on the instrument, the individual(s), or the pe -on upon behalf' of which the-inclivid�ial(s) acted, executed the instrument. „ NOTARY PUBLIC KAREN M. BILLINGS Notary Public, State of New York No. 01616179590 Qualified in Tompkins County Commission Expires December 2 , 2011 Michael and Lois Ocel Te Fa orary Easemen 15.0' proposed Walkway warren rd o, R. 0. - 51 9 Warren Rd Temporory Eosement Through the lands of Tox Porcel LeF IT4-30-09 70 - 1 - 50 Warren Road Walkway Town of lthoco, - 1 ��= 20 Tompkins County, New York o