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HomeMy WebLinkAbout2013-03250 tri==rte IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,•` Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk SCHLATHER, STUMBAR, PARKS & SALK Tompkins County Clerk 200 E BUFFALO ST 320 North Tioga Street PO BOX 353 Ithaca, NY 14850 ITHACA, NY 14851 (607) 274-5431 Document Type: EASEMENT Receipt Number: 13-20584 Grantor(Party 1) Grantee (Party 2) HOLOCHUCK HOMES LLC TOWN OF ITHACA Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2013-03250 TP-584 Form Fee $5.00 Transfer Tax #: 001132 Pages Fee $20.00 State Surcharge $20.00 Notation Fee $0.50 Property located in Town of Ithaca Total Fees Paid: $65.50 State of New York County of Tompkins Recorded on March 13th, 2013 at 3:48:54 PM with a total page count of 4. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 2013-03250 03/13/2013 03:48:54 PM 20' EASEMENT ALONG ROUTE 96/I'RUMANSBURG ROAD THIS INDENTURE is made this �#—k day of L ✓'w 2013 by and between HOLOCHUCK HOMES, LLC a New York limited liability co y, 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"). WITNESSETH: that the party of the first part, in consideration of $1.00 and/or other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns: A RIGHT-OF-WAY AND EASEMENT to survey, construct, operate, maintain, repair, remove, replace, upgrade, or change the width of a pedestrian walkway, or pathway (all herein, "Trail"), including the right to trim and/or remove trees, shrubs, and other obstructions upon or over the said Trail, all as located upon or within a certain parcel of land situate in the Town of Ithaca, County of Tompkins and State of New York, being a portion of the property known as the Holochuck Homes, LLC Subdivision, pursuant to a map entitled "The View At West Hill", as drawn by Keystone Associates and dated December 1, 2011, said map being recorded in the Tompkins County Clerk's Office at Instrument Number 597509-001, and said Trail being more particularly shown on a survey map entitled "Subdivision Plat Lands To Be Conveyed To New York Conference Association of Seventh Day Adventists New York State Route 96 Town Of Ithaca County Of Tompkins State Of New York" dated January 22, 2013, completed by Rodney Lee Carey, LLS No. 049642 of Keystone Associates, said map being incorporated herein by reference and intended to be recorded concurrently herewith. Said area of the permanent easement and right-of-way being more particularly bounded and described as follows: All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State of New York, more particularly bounded and described as follows: Commencing at a point on the east street line of NYS Route 96 (a/k/a Trumansburg Road), said point marking the northwest corner of lands now or formerly reputedly of New York Conference Association of Seventh Day Adventists (541/61); Running thence N 50°43' 30" W, along the east street line of NYS Route 96 (a/k/a Trumansburg Road) 33.50 feet to a point on the east street line of NYS Route 96 (a/k/a Trumansburg Road); Running thence N 49° 12' 48" E, along lands now or formerly reputedly of Peter J. Rogers & Donna M. Rogers (Ins. No.: 445147-001), 20.30 feet to a point; Running thence S 50°43' 30" E 30.50 feet to a point; 1 2013-03250 03/13/2013 03:48:54 PM Running thence S 49° 12' 48" W, along lands now or formerly reputedly of New York Conference Association of Seventh Day Adventists (541/61), 20.30 feet to the point or place of beginning, containing 670 square feet of land, more or less. AND,THE PARTY OF THE FIRST PART further covenants and agrees: 1. The party of the first part, for himself and all of his 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. 2. The party of the first part, for himself and all of his 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. 3. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that he will not permit or conduct any mining, excavation, construction, or blasting within said area of the easement and right-of-way. 4. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that he will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interfere with the ingress and egress rights of the Town, its successors, assigns, employees and agents, nor with the travelling and use rights of the general public in and to such Trail. 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, 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. TO HAVE AND TO HOLD said right-of-way and easement unto the party of the second part, its successors and assigns,forever; it being the intent of the party of the first part and the party of the second part that this easement and right-of-way shall now and forever hereafter run with the land. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In Presence of Hol c uck mes, LLC by Matthew Holochuck, M r 2 2013-03250 03/13/2013 03:48:54 PM by Attorney David M. Parks,his Agent STATE OF NEW YORK } COUNTY OF TOMPKINS } ss: On the —'-L- day of VCbaW=LAA in the year 2013 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 whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. v 4, k 1 Notary Public Deanna M. Hili Notary Public/State of New York Qualified in Tioga County Regi Expires:V3120-6 0 My Commission 3