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Home My WebLink AboutBF172558-001WALKWAY EASEMENT TOWN OF ITHACA WALKWAY PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 503 Warren Road Ithaca NY 14850 Town of Ithaca Tax Parcel Number: 70-1-43 .- THIS INDENTURE made as of the rday of -Jy 20�, BETWEEN: John Sherman 503 Warren Road Ithaca NY, 14850 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 an easement for the Construction and Maintenance of a Walkway WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the a walkway must cross or encroach upon 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 permanent easement to enter upon for the purpose of maintenance and repair of such walkway 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 All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas or any other facilities constructed 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 injury or damage to the walkway or other facilities. 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. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces, that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. 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 in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca, New York, immediately following 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 Town Engineer and the Contractor, if any who performed the work on the Project. Any action against the Town must be commenced within two 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 OWNER(s) SIGNATURE �0� L.S. 0 L.S. State of New York, County of Tompkins SS: On the A%* day of .Jt)Ae in the year ?00 before me, the undersigned, personally appeared. �0�1 n S {'le Marx„ 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. POLLY S. WHITE Notary Public, State of New York No. 01 WH5026537 Qualified in Schuyler County NOARY PUBLIC Commission Expires April 18, 20L TOWN OF ITHACA BY I� IBJ+—� �-1 J. C7'&1&- A-1 AA1 446�."ZCIGN711'E State of New York, County of Tompkins SS: died On the day of in the year -,;2K&Q before me, the undersigned, personally appeared. 1 �e rJc r tL �� lcl nti / /& 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), o the per n upon behalf of which the individual(s) acted, executed the instrument. �� f � NOTARY PUBACC. r KAREN M. BILLINGS Notary Public, State of New York No. 01B16179590 Qualified In Tompkins County Commission Expires December 24, 2011 --------------- - ----------- J-1 ------- ---- ---- ---- ------- 503 Warren Rd Temporary Easement Through the lands of Tax Porcei over OA M, 4-30-09 70 - 1 - 43 Warren Road Walkway To. of Ithaca, 20, Tompkins County, New York j , 4 7 T J John Sherman. R.O. {,A jff J011 J \VIA! 4,\ -------- -- ------- ------ Temp------orcrY Easement ----------------- i I 15.0 ------- ------ --------- --- - I --------------- - ----------- J-1 ------- ---- ---- ---- ------- 503 Warren Rd Temporary Easement Through the lands of Tax Porcei over OA M, 4-30-09 70 - 1 - 43 Warren Road Walkway To. of Ithaca, 20, Tompkins County, New York