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Home My WebLink About2014-09158 .*In s C VIII I I II II II I II I III I II II II II I I I I II A Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: AGREEMENT - DEED Receipt Number: 14-68242 Grantor (Party 1) Grantee (Party 2) ITHACA TOWN GABLER, PHILIP Fees Transfer Amt: $0.00 Instrument #: 2014-09158 Total Fees Paid: $0.00 Transfer Tax #: 002177 Property located in Town of Ithaca State of New York County of Tompkins Recorded on July 31st, 2014 at 11:47:55 AM 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 AC Do Not Detach 2014-09158 07/31/2014 11:47:55 AM ENCROACHMENT LICENSE 5� THIS ENCROACHMENT LICENSE is granted as of the day of�Z J—�l�, 2014, by the TOWN OF ITHACA, a municipal corporation having offices at 215 North Tibga Street, Ithaca, New York 14850, hereinafter referred to as the "Town", to PHILIP AND JODY GABLER of 8 Renwick Drive, Ithaca,New York 14850, hereinafter referred to as "Owner". WHEREAS, Owner is the owner in fee simple absolute of a parcel of land with improvements thereon in the Town of Ithaca, County of Tompkins, State of New York, commonly known and designated as 8 Renwick Drive, Ithaca, New York 14850, Tax Map Parcel No. 17-3-34 (the "Premises"), as more particularly described in a deed to Owner from Theresa D. Goodrich dated January 2, 2009 and recorded January 6, 2009 in the Tompkins County Clerk's Office as Instrument Number 536149-001; and WHEREAS, Renwick Drive is a 50-foot-wide Town road; and WHEREAS, a portion of the garage on the Premises encroaches approximately 2.5 feet into Renwick Drive, as shown on a survey of the Premises entitled "Survey Map No.8 Renwick Drive Town of Ithaca, Tompkins County, New York" prepared by T.G. Miller P.C., dated November 9, 2006 and amended June 19, 2014 (the "Survey Map"), a copy of which is annexed hereto; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($1.00) by Owner to the Town in hand paid, receipt whereof is hereby acknowledged, the Town grants this Encroachment License to Owner, as follows: 1. Subject to the terms of this License, Owner shall have the right to maintain the encroachment of the garage into Renwick Drive as the encroachment now exists and as shown on the Survey Map. This License does not permit Owner to park any vehicles in front of the garage on Renwick Drive. 2. So long as the present garage is in existence, the encroachment shall be permitted to continue unless the Town's Director of Public Works determines in his or her sole discretion that the removal of the encroaching part of the garage is necessary for the use or maintenance of Renwick Drive (including, but not limited to, snow and ice removal). If the Town's Director of Public Works makes such a determination, such encroachment shall be removed at Owner's sole expense upon no less than one year's prior written notice from the Town. 3. If the encroaching portion of the garage is removed pursuant to the determination of the Town's Director of Public Works or on the Owner's initiative, the Town's Director of Public Works may in his or her sole discretion approve a rebuild or replacement of the encroaching portion within Renwick Drive, provided that the rebuilt or replaced portion has the same general alignment or configuration and there is no increase in the surface area of the encroachment located within Renwick Drive. The Town shall have the same rights regarding any rebuilt or 1 2014-09158 07/31/2014 11:47:55 AM replaced portions as it has regarding the original encroachment pursuant to this License, including the right to determine in the future that removal is necessary as described in paragraph 2 above. 4. This License shall terminate when and if said encroaching garage shall no longer exist, or the portion of the garage which encroaches shall be removed by direction of the Town's Director of Public Works or upon the Owner's initiative and the encroaching part is not immediately rebuilt or replaced pursuant to paragraph 3 above. After such termination, Owner shall not cause any building which may be erected or maintained on said Premises to encroach into Renwick Drive without a new Encroachment License from the Town, which shall have sole discretion as to whether to grant a new License. 5. Notwithstanding the foregoing, and in addition thereto, it is hereby acknowledged, understood and agreed that in the case of emergency or other similar circumstances dictating immediate action (including those circumstances under which the Town is unable to provide the one year notice provided for in Paragraph 2 above), the Town may remove all or any part of the encroachment and/or take any other action related to the encroachment within Renwick Drive, as the Town in its sole discretion deems necessary or appropriate to respond to such emergency or other circumstance, the costs thereof and any additional related expenses to be borne solely by Owner. The Town will use its reasonable best efforts to provide prior notice of its intent to exercise such emergency rights and to permit Owner to remove the encroachment to the extent the Town determines is necessary or appropriate. If such prior notice is not given, the Town will use its reasonable best efforts to provide notice as soon as possible after it exercises its emergency rights hereunder. Under any and all circumstances, and notwithstanding anything to the contrary herein, the failure to provide either of the foregoing notices shall not be deemed to be a breach of this License by the Town and the Town shall have no liability related thereto. In the event that the Town exercises its emergency rights as set forth above, Owner shall not be permitted to replace the encroachment without the prior written consent of the Town's Director of Public Works, who shall have sole discretion as to whether to grant such consent. 6. Owner agrees to fully defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, or other damages, arising out of the garage's encroachment into Renwick Drive or the exercise of any rights of the Town under this License, 7. All references to the Town's Director of Public Works shall include persons holding a successor position to the Director of Public Works position if the Director of Public Works position ceases to exist. 2 2014-09158 07/31/2014 11:47:55 AM THIS ENCROACHMENT LICENSE shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties hereto, including the successors in ownership of the Premises. TOWN OF ITHACA Date: 21-3111'-1 BY: erbert J. man Su isor g Date: PHILIP GABLER, Owner Date: �l?JplZol''t JO GA E , Owner STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.: -\y in the year 2014 before me, the undersigned, a notary public in On the3l qday of�j and for said state, personally appeared 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 sign e(s) on the instrument, the individual(s) or the person upon behalf of which the individ 1xecut the instrument. NOTARY� U� TERWIIUGER STATE OF NEW YORK) Notary Public,State of New York COUNTY OF TOMPKINS) SS.: No.01TE615W9 Qualified in Tompkins County ,�/ Commission Expires December 4.200 On the3o)r day of�14 in the year 2014 before me, the undersigned, a notary public in and for said state, personally appeared Philip Gabler and Jody Gabler, 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 individ al(s) acted, executed the instrument. NOTARY PUBLIC 3 Karen N. Besemer Notary Public,State of New York No.01SE6003119 Qualified in Tompkins County Commission Expires Feb.23,