HomeMy WebLinkAbout24.-1-25.21 2014-10966 �ns co`1a IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIII IIIIIIII
Tompkins County Clerk Recording Page
Return To Aurora R. Valenti, County Clerk
THALER & THALER Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 14-71461
Grantor(Party 1) Grantee (Party 2)
CUMMINS, STEPHEN T ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $20.00 Instrument #: 2014-10966
TP-584 Form Fee $5.00 Transfer Tax #: 000291
Pages Fee $120.00
State Surcharge $20.00
Total Fees Paid: $165.00
State of New York
County of Tompkins
Recorded on September 9th, 2014 at 3:57:33 PM
with a total page count of 24.
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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
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Deed of Conservation Easement
THS CONSERVATION EASEMENT("Easement") is granted this PA day of
r✓ 20LY, by STEPHEN T. CUMMINS ("Grantor"), residing at 1408 Trumansburg Road
to t4 TOWN OF ITHACA ("Grantee"), a New York municipal corporation having an office at 215
North Tioga Street, Ithaca, New York 14850.
WHEREAS:
A. Grantor is the owner of certain real property (the "Property") consisting of 41.658 acres, in one
tax map parcel located at 1408 Trumansburg Road in the Town of Ithaca, Tompkins County,
New York, more fully described in the legal survey description of the property ("EXHIBIT A")
and shown on the Easement Map ("EXHIBIT B"), both attached hereto;
B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General
Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the
"ECL") to acquire conservation easements;
C. The Property consists primarily of productive agricultural land. The Property contains
approximately 7.4 acres of prime soils, and approximately 27.1 acres of soils of statewide
importance as defined by the U.S. Department of Agriculture Natural Resources Conservation
Service;
D. Article 14, Section 4 of the New York State Constitution states that "the policy of the state shall
be to conserve and protect its natural resources and scenic beauty and encourage the
development and improvement of its agricultural lands for the production of food and other
agricultural products;"
E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared
that "in order to implement the state policy of conserving, preserving and protecting its
environmental assets and natural and man-made resources, the preservation of open spaces, and
the preservation, development and improvement of agricultural and forest lands..., is
fundamental to the maintenance, enhancement and improvement of...balanced economic
growth and the quality of life in all areas of the state;"
F. The Property is located within Tompkins County's Agricultural District#2, created pursuant to
Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It
is hereby found and declared that many of the agricultural lands in New York State are in
jeopardy of being lost for any agricultural purposes. When nonagricultural development
extends into farm areas, competition for limited land resources results...It is therefore, the
declared policy of the state to conserve, protect and encourage the development and
improvement of its agricultural land for production of food and other agricultural products...It
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is the purpose of this article to provide a locally-initiated mechanism for the protection and
enhancement of New York State's agricultural land as a viable segment of the local and state
economies and as an economic and environmental resource of major importance;"
G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found
and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the
economic viability, and environmental and landscape preservation values associated with
agriculture..." the Commissioner is authorized in Sections 323 and 325 of the Agriculture and
Markets Law to administer programs to assist counties and municipalities in developing
agricultural and farmland protection plans and to assist both county and municipal governments
in the implementation of such plans. Pursuant to Section 325 of the Agriculture and Markets
Law, the Commissioner gives priority to projects that will preserve viable agricultural land, are
located in areas facing significant development pressure and serve as a buffer for a significant
natural public resource containing important ecosystem or habitat characteristics;
H. The Property is located within Tompkins County, which has adopted (October 1996) an
Agricultural and Farmland Protection Plan. The Plan's goals are to (1) create general
awareness and inform Tompkins County government, community leaders and the general
public about the significance of agriculture, stresses on area farming from conditions and trends
in the agriculture industry, impacts on agriculture from public policies, and economic potential
for expanded agricultural activity, (2) identify agricultural resources in need of protection and
present appropriate farmland protection measures, and (3) present options to strengthen the
economic vitality and viability of agriculture and retain productive farmland;
I. The Property is located within the Town of Ithaca, which has adopted (November 2011) an
Agricultural and Farmland Protection Plan. The Plan's goals are to (1) promote the availability
of locally grown foods and other agricultural products for all residents including limited income
families, (2) retain and encourage a diversity of economically viable farm types, (3) ensure
long-term protection of agricultural-land resources for agriculture, open space, and scenic
resources, (4) encourage public understanding and involvement, and (5) promote wise land use
and waste management on agricultural land;
J. Grantor has received independent legal and financial advice regarding this Easement to the
extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to
accomplish its conservation purposes.
NOW,THEREFORE, in consideration of the foregoing, One Hundred Fifty-four Thousand and Five
Hundred Dollars ($154,500) and the mutual covenants, terms,conditions and restrictions contained
herein,the parties agree as follows:
1. Grant of Conservation Easement.
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Grantor hereby grants and conveys to Grantee, a Conservation Easement(the "Easement"), an
immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and
character described herein, for the benefit of the general public, which Easement shall run with and
bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform,
any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor
authorizes Grantee to enforce these covenants in the manner described below.
2. Purpose.
The Primary Purpose of this easement is to conserve viable agricultural land and soil resources by
preventing uses of the Property that will significantly impair or interfere with the Property's
agricultural and forestry viability and productive capacity.
3. Implementation.
This Easement shall be implemented by limiting and restricting the development and use of the
Property in accordance with its provisions. The Property remains subject to all applicable local,
state and federal laws and regulations. This Easement and the administration of its provisions shall
not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-
AA of the Agriculture and Markets Law.
4. Definitions.
4.(a). "Grantor"or"owner" includes the original Grantor, its heirs, successors and assigns, all
future owners of any legal or equitable interest in all or any portion of the Property, and
any party entitled to the possession or use of all or any part thereof.
4.(b). "Grantee"includes the original Grantee, including its elected officials, public officers,
employees and agents, and its successors and assigns.
4.(c). "Residential Dwelling"means dwellings or structures, together with accessory
improvements that comprise single-family, multi-family, apartments, "in-law" apartments,
guest houses and farm labor housing, whether or not the structure(s) are used as the
primary residence of a farm owner.
4.(d). "Farm Labor Housing" means dwellings or structures, together with accessory
improvements used to house seasonal and/or full-time employees where such residences
are provided by the farm landowner and/or operator, the worker is an essential employee
of the farm landowner and/or operator employed in the operation of the farm and the
farm worker is not a partner or owner of the Farm Operation. For instance, a structure
used as the primary residence of a farm owner is not "farm labor housing".
4.(e). "Farm Operation" shall be defined as "the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which contribute to the
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production, preparation and marketing of crops, livestock and livestock products as a
commercial enterprise" in accordance with Section 301 of the New York State
Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law
as enacted or amended.
4.(f). "Impervious Surfaces" are defined as structures or improvements that permanently cover
soil resources. Impervious Surfaces do not include permeable surfaces such as gravel
roads and parking areas, structures whose principal purpose is to protect soil and water
resources, such as manure storage areas, and structures and improvements lacking
permanent foundations.
4.(g). "Sound Agricultural Practices" is defined as those practices necessary for on-farm
production, preparation and marketing of agricultural commodities, provided such
practices are legal, necessary, do not cause bodily harm or property damage off the farm,
and achieve the intended results in a reasonable and supportable way. If necessary, to
determine if a practice is "sound,"Grantee or Grantor may request that the New York
State Department of Agriculture and Markets initiate a sound agricultural practice review
pursuant to Section 308 of the New York State Agriculture and Markets Law, or any
successor law as enacted or amended.
4.(h). "Viable Agricultural Land" is defined as land highly suited for agricultural production.
4.(i). The following use areas are defined for the Easement:
"Farmstead Area" is defined as the area depicted in Exhibit B, that centers on existing
farm structures or future planned structures.
"Rural Enterprise Area" is defined as the approximately 2.199 acre portion of the
Property located along Trumansburg Road as depicted on Exhibit B.
"Farm Area" is defined as the remaining area of the farm, depicted in Exhibit B.
5. Reserved Rights Retained by Grantor.
As the owner of the Property, Grantor reserves all customary rights and privileges of ownership,
including the right of exclusive use, possession and enjoyment of the Property,the rights to sell,
lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in
Section 2 ("Purpose") and not specifically prohibited or limited by this Easement.
However, nothing in this Easement relieves Grantor of any obligation with respect to the Property or
restriction on the use of the Property imposed by law and nothing in this Easement shall require
Grantor to take any action to restore the condition of the Property after any act of God or force
majeure.
5.(a). Right to Use Property for Agricultural Uses.
Grantor has the right to produce crops, livestock and livestock products and use the
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Property as a Farm Operation, which includes but is not limited to the right to establish,
reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said
farming practices shall be carried out in accordance with Sound Agricultural Practices
as defined herein and in a manner consistent with the Conservation Plan described in
Section 6.
5.(b). Right to Use Property for Rural Enterprises.
Grantor has the right to operate otherwise lawful rural enterprises, which may include, if
permitted by Zoning, uses such as, but not limited to, farm machinery repair,
professional offices within the home, bed and breakfasts, crafts production and firewood
distribution, subject to the limitations set forth in this Easement, including Section 7
("Construction of Buildings and Other Improvements"). In all cases, such rural
enterprises must be compatible with the Purpose of this Easement and subordinate to the
agricultural use of the Property.
5.(c). Right to Use Property for Recreational Purposes.
Grantor retains the right to use the Property for otherwise lawful personal or commercial
recreational uses, including, but not limited to, hunting, fishing, cross-country skiing,
camping, horseback riding and snowmobiling, subject to the limitations set forth in this
Easement, including Section 7 ("Construction of Buildings and Other Improvements").
In all cases, such recreational uses must be compatible with the Purpose of this
Easement and subordinate to the agricultural use of the Property.
6.Access.
Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use
the Property or any portion thereof where no such right existed in the public immediately prior to
the execution of this Easement.
7. Construction of Buildings and Other Improvements.
The Property is separated into three principal areas as further described in the Baseline
Documentation Report, Section 18 ("Baseline Documentation") and identified in the Easement
Map attached hereto as Exhibit B: 1) the Farmstead Area; 2) the Rural Enterprise Area; and 3) the
Farm Area. Grantor may undertake construction, erection, installation, removal or placement of
buildings, structures, or other improvement to the Property within these areas only as provided in
this Easement and set forth below.
7.(a). Impervious Surfaces
Subject to the limitations set forth below and in the Town's Zoning requirements, Impervious
Surfaces may be constructed or placed on up to a maximum of 10% of the Farm Area and
without limitation in the Rural Enterprise Area and in the Farmstead Area.
7.(b). Fences
Subject to the Town's Zoning requirements, existing fences may be repaired,removed and
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replaced, and new fences may be built anywhere on the Property for purposes of reasonable
and customary management of livestock and wildlife, safety and general management and to
prevent trespassing on the Property.
7.(c).Agricultural Structures and Improvements
Any existing or subsequent agricultural structures and improvements may be repaired,
removed, enlarged and replaced at their current locations, subject to the Impervious Surface
coverage limitations set forth in Section 7(a) ("Impervious Surfaces").
Farmstead Area and Rural Enterprise Area: Without permission of Grantee, except as
otherwise required by the Town of Ithaca Code, Grantor may construct new buildings,
structures and other improvements with impervious surfaces, including asphalt and concrete
roads and parking areas within the Farmstead Area or the Rural Enterprise Area to be used
primarily for purposes related to a Farm Operation and for such other agricultural
purposes as (i) the production, storage, marketing or sale of farm products or by-products,
or processing of farm products or by-products, (ii) the storage of equipment used for
agricultural production, and (iii) the keeping of livestock or other animals.
Farm Area: Subject to the Impervious Surface coverage limitations set forth in Section 7(a)
("Impervious Surfaces"), Grantor may construct buildings, structures and impervious
improvements for such purposes related to the Farm Operation on up to 5% of the Farm
Area without permission of Grantee, except where such permission is otherwise required by
the Town of Ithaca Code. With permission of Grantee,Grantor may construct buildings,
structures and improvements related to the Farm Operation that would cover up to an
additional 5% of the Farm Area.
7.(d). Residential Dwellings
Subject to the Town's Zoning requirements, existing residential dwellings, as defined in
Section 4(c), if any, may be repaired, removed, enlarged and replaced at their current
locations, which are shown on Exhibit B.
Farmstead Area: Without permission of Grantee, Grantor may construct, maintain,
repair, remove or replace residential dwellings, together with accessory structures and
improvements within the Farmstead Area, subject to any applicable local, state or federal
laws and regulations.
Rural Enterprise Area: Without permission of Grantee, Grantor may construct, maintain,
repair, remove or replace only Farm Labor Housing, as defined in Section 4(d) ("Farm
Labor Housing"), within the Rural Enterprise Area, subject to any applicable local, state
or federal laws and regulations.
Farm Area: Subject to the Impervious Surface coverage limitations set forth in Section
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7(a) ("Impervious Surfaces"), Grantor may construct new dwellings or structures and
improvements for Farm Labor Housing, as defined in Section 4(d) ("Farm Labor
Housing"), on up to 1% of the Farm Area without permission of the Grantee except where
such permission is otherwise required by the Town of Ithaca Code. With permission,
Grantor may construct additional Farm Labor Housing in the Farm Area as proven
necessary to conduct current farm operations. The land on which these dwellings,
structures and improvements stand shall not be subdivided.
7.(e). Rural Enterprises
Rural enterprises may be established and carried out within any designated Farmstead Area
or any designated Rural Enterprise Area, if permitted by the Town's Zoning requirements,
including but not limited to, professional offices within the home, bed and breakfasts, crafts
production and firewood distribution. In all cases, such uses and any necessary structures or
improvements shall be compatible with the Purpose of this Easement, and subordinate to
the agricultural use of the Property. Enterprises which market non-agricultural petroleum or
chemical products are prohibited. The land on which these structures stand shall not be
subdivided.
7.(f). Recreational Structures and Improvements
Recreational improvements are permitted on the Property so long as such improvements and
structures are compatible with the Purpose of this Easement and subordinate to the agricultural
use of the Property. Under no circumstances shall golf courses and/or ranges be allowed in the
Farm Area.
Farmstead Area and Rural Enterprise Area: Without permission of Grantee,except
where such permission is otherwise required by the Town of Ithaca Code, Grantor may
enlarge existing or construct or place new permanent recreational improvements within the
Farmstead Area or the Rural Enterprise Area, so long as such improvements are compatible
with the Purpose of this Easement and subordinate to the agricultural use of the Property.
Farm Area: Subject to the Impervious Surface coverage limitations set forth in Section 7(a)
("Impervious Surfaces") and the Town's Zoning requirements, Grantor may enlarge
existing or construct or place new permanent, recreational improvements in the Farm
Area up to an aggregate of 1,000 square feet in size without permission of Grantee. With
permission of Grantee,permanent recreational improvements that exceed an aggregate
footprint of 1,000 square feet may be constructed in the Farm Area. All recreational
structures and improvements shall be compatible with the Purpose of this Easement,
subordinate to the agricultural use of the Property, and located in a manner that minimizes
the impact to prime or statewide important soils.
7.(g). Utility Services and Septic Systems
Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer,
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communications, or other utility services to or from the improvements permitted in this
Easement may be installed, maintained, repaired, removed, relocated and replaced, and
Grantor may grant easements over and under the Property for such purposes. Septic or
other underground sanitary systems serving the improvements permitted herein may be
installed, maintained, repaired or improved. All such services and systems shall be
compatible with the Purpose of this Easement, subordinate to the agricultural use of the
Property, and located in a manner that minimizes the impact to prime or statewide important
soils.
7.(h). Alternative Energy and Communications Structures and Improvements
Structures and improvements necessary to undertake alternative energy and
communications activities such as wind, solar, methane and other similar energy generation
activities as well as cell towers or 911 communications towers are permitted as further
described below provided they are compatible with the Purpose of this Easement, subordinate
to the agricultural use of the Property, located in a manner that minimizes the impact to prime
or statewide important soils, and are subject to the Town's Zoning requirements.
Farmstead Area and Rural Enterprise Area: Within any designated Farmstead Area or
any designated Rural Enterprise Area, Grantor may construct such structures and
improvements without permission of Grantee, unless permission is required by Town
Zoning.
Farm Area: Subject to the Impervious Surface coverage limitations set forth in Section 7(a)
("Impervious Surfaces"), such structures and improvements, including roads and drainage
ditches, may be built in the Farm Area only with the permission of Grantee, which may be
conditioned upon the posting of a bond. These structures and improvements are permitted
only if the activity is limited and localized in impact affecting no more than two percent
(2%) of the Farm Area at one time.
Prior to determining the location of a site for these structures and improvements in the Farm
Area, the Grantor shall notify the Grantee, the New York State Department of Agriculture
and Markets, and the local Soil and Water Conservation District to give them an opportunity
to participate in an onsite meeting to review proposed locations. Grantor shall agree to
comply with the New York State Department of Agriculture and Markets guidelines for
agricultural mitigation for construction of such structures.
8. Maintenance and Improvement of Water Sources.
Grantor may use, maintain,establish, construct, and improve water sources, water courses and water
bodies within the Property for the uses permitted by this Easement. Grantor may alter the natural flow
of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion and/or
flooding, provide irrigation for the Property or improve the agricultural or forest management
potential of the Property, provided such alteration is consistent with the Conservation Plan, Sound
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Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable
local, state and federal laws and regulations.
9. Water Rights.
Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of
the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall
not transfer,encumber, lease, sell or otherwise sever such water rights from title to the Property itself.
10.Subdivision.
The Property is currently comprised of one tax map parcel (Town of Ithaca Tax Parcel No. 24.-1-
25.21) owned by Grantor. The Property shall not be further partitioned or subdivided.
Mortgages, or other non-possessory interests in land do not constitute subdivisions for the purpose
herein, provided such interests encompass the whole parcel.
11. Forest Management.
Without permission of Grantee, except as otherwise required by the Town of Ithaca Code, Grantor
may clear forested areas for conversion to farmland, harvest wood for use on the Property including
heating or construction of buildings and improvements, manage forested areas for wildlife habitat
and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such
activities are consistent with generally accepted forest best management practices.
Without permission from Grantee, except as otherwise required by the Town of Ithaca Code,
Grantor may commercially harvest timber and other wood products, conduct timber stand
improvements and construct, maintain, remove, and repair unpaved access roads and "staging
areas", those areas where logs are temporarily stored for transport necessary for such activities. All
such activities shall be in accordance with generally-accepted forestry best management practices.
Such commercial timber harvests and timber stand improvements shall be carried out in accordance
with a forest management plan and harvest plan prepared by a forester who is certified by the
Society of American Foresters or such successor organization as is later created, a Cooperating
Consulting Forester with the New York State Department of Environmental Conservation or a
qualified forester approved by Grantee.
In order to facilitate the monitoring and stewardship of this Conservation Easement, and ensure
continuing communication between parties, Grantor shall give Grantee, its successors or assigns,
written notice not less than forty-five (45) days prior to the anticipated commencement of any
commercial timber harvest or timber stand improvement. Such written notice shall include
submission of the then-current forest management plan and harvest plan.
12.Mining and On-Site Extractive Activity.
Exploration for, or development, storage and extraction of sand and gravel on or from the Property by
any method are permitted only under the following conditions. Grantor may remove sand and gravel
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on the Property, provided said removal: (a) is limited and localized in impact, affecting no more
than two acres of the Property at one time; (b) is compatible with the Purpose of this Easement; (c)
is reasonably necessary and exclusively for the Farm Operation; (d) minimizes the impact to the
prime and statewide important soils; and (e) subject to the Town's Zoning requirements.
Surface activities related to subsurface mineral and hydrocarbon exploration, development and
extraction are not permitted on the Property, except as set forth above regarding sand and gravel
exploration development and extraction.
13. Road Construction.
Pursuant to the Impervious Surface coverage limitations set forth in Section 7(a) ("Impervious
Surfaces") and local and state requirements,Grantor may construct roads for residential driveways,
barnyards, farm markets or other improvements necessary to provide access to, and parking for,
permitted buildings or improvements, or to conduct other activities permitted by this Easement.
Roads constructed in the Farm Area shall be located in a manner that minimizes impacts to the
prime and statewide important soils.
14. Dumping and Trash.
The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage,
trash or debris on the Property is prohibited, other than agriculturally-related waste or
biodegradable material as described below. Subject to the limitations and requirements of the Town
of Ithaca Code, and without the need for additional permission of Grantee beyond the requirements
of the Town Code, Grantor may 1) store, compost, apply or inject agriculturally-related waste or
biodegradable material; 2) store old farm equipment to be used for parts; 3) temporarily store trash
or household waste in receptacles for periodic off-site disposal and 4) compost or re-use
biodegradable materials generated off the Property for use on the Property or commercial use or
sale. All such activities shall be conducted in accordance with Sound Agricultural Practices and in
a manner consistent with the Conservation Plan and all applicable local, state or federal laws and
regulations. Notwithstanding the foregoing, the storage and treatment of sewage associated with
buildings permitted on the Property is permitted by this Easement.
15. Permission of Grantee.
When Grantor is required to obtain Grantee's permission for a proposed action pursuant to the
Easement, such permission shall be requested in writing. Grantee shall grant permission unless it
determines that such action is 1) incompatible with the Purpose of this Easement or 2) not subordinate
to the agricultural use of the Property. Such permission shall not be unreasonably withheld. Grantee
shall respond with a decision in writing within forty-five (45) days of receipt of the Grantor's written
request which shall include all relevant building plans identifying the use, footprint and total square
footage of any proposed structures, and related survey information, if available. If mutually agreed
upon by Grantee and Grantor, this timeline may be reasonably extended. Nothing in this Easement
relieves Grantor of the obligation to obtain approvals, permits, variances or other permissions
required by the Town of Ithaca Code or by other local, state or federal requirements or regulations.
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16. Ongoing Responsibilities of Grantor and Grantee.
Other than as specified herein, this Easement is not intended to impose any legal or other
responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property,
including,but not limited to,the following:
16.(a). Taxes
Grantor shall be solely responsible for payment of all taxes and assessments levied against the
Property.
16.(b). Upkeep and Maintenance
Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the
extent required by law and this Easement. Grantee shall have no obligation for the upkeep or
maintenance of the Property.
16.(c). Liability and Indemnification
Grantor agrees to defend, indemnify and hold harmless Grantee, and its elected officials,
public officers, employees and agents, and the State of New York, Department of
Agriculture and Markets from any and all costs, claims or liability, including but not limited
to reasonable attorneys' fees, arising from any personal injury (including death), accidents,
negligence or damage (including loss of use and contamination of or adverse effects on the
environment) relating to the Property, or any claim thereof, unless due to the negligence of
Grantee or its agents, in which case liability shall be apportioned accordingly.
17.Extinguishment of Development Rights.
Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights
appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on
or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to
any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield
of the Property or any other property.
18.Baseline Documentation.
By its execution of this Easement, Grantee acknowledges that the present uses of, and related
structures and improvements on the Property, are permitted by this Easement. In order to evidence
the present condition of the Property so as to facilitate future monitoring and enforcement of this
Easement, a Baseline Documentation Report, including relevant maps and photographs, describing
such condition at the date hereof, has been prepared and subscribed by both parties, and a copy
thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may
be used by Grantee to establish that a change in the use or character of the Property has occurred,but
its existence shall not preclude the use by Grantee of other evidence to establish the condition of the
Property as of the date of this Easement.
19. Right of Inspection.
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Grantee shall have the right to enter upon the Property with forty-eight (48) hours advance notice to
Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such
inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a
legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee
and Grantor. In the instance of a violation or suspected violation of the terms of this Easement
which has caused or threatens to cause irreparable harm to any of the agricultural or other resources
this Easement is designed to protect, no such advance notice is required. Representatives of the
New York State Department of Agriculture and Markets shall have the same right of inspection.
20.Enforcement.
If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor,
giving Grantor thirty(30) days to cure the violation. Notwithstanding the foregoing, where Grantee in
Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly
diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation,
ex parte if necessary,through temporary or permanent injunction.
In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of
a violation: (a) money damages, including damages for the loss of the resources protected under the
Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such
violation.
Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall
reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including,
but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to
take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a
court finds no violation has occurred, each party shall bear its own costs.
21. Dispute Resolution.
If a dispute arises between the Grantor and the Grantee concerning the consistency of any proposed
use or activity with the purposes of this Easement or any of the specific provisions contained
herein, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute,
either party may request a meeting between the parties, or refer the dispute to mediation by written
request. Within ten (10) days of such request, Grantee shall schedule a meeting or the parties shall
select a single trained and impartial mediator knowledgeable about production agriculture to
recommend potential resolutions of the dispute. Reasonable costs associated with the mediation
process shall be determined by the impartial mediator. Nothing in this clause shall diminish
Grantee's rights under Section 21 ("Enforcement").
22. Transfer of Easement.
Grantee shall have the right to transfer this Easement to any private non-governmental organization or
public agency that, at the time of transfer is a"public body" or "not-for-profit conservation
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organization"as defined by Article 49 of New York State Environmental Conservation Law and is a
"qualified organization" under Section 170(h) of the Code, provided the transferee expressly agrees to
assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or
qualify under Article 49 of New York State Environmental Conservation Law and Section 170(h) of
the Code, a court of competent jurisdiction shall transfer this Easement to another qualified
organization having similar purposes that agrees to assume the responsibilities imposed by this
Easement. Grantor and the New York State Department of Agriculture and Markets must be notified
in writing in advance of any such transfer. The Department of Agriculture and Markets must approve
the choice of any new non-governmental organization or public agency designated as "Grantee" and
shall not unreasonably withhold or delay such approval.
23. Transfer of Property.
Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the
Property, shall be subject to this Easement, and any deed or other instrument evidencing or
effecting such conveyance shall contain language substantially as follows: "This (conveyance,
lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land
and which was granted to the Town of Ithaca by instrument dated , and recorded in the
office of the Clerk of Tompkins County by Instrument No. ."Grantor shall notify Grantee
and the New York State Department of Agriculture and Markets in writing at least thirty(30) days
before conveying the Property, or any part thereof or interest therein, to any third party. The failure to
notify Grantee or New York State Department of Agriculture and Markets or to include said
language in any deed or instrument shall not, however, affect the validity or applicability of this
Easement to the Property or limit its enforceability in any way.
24.Amendment of Easement.
This Easement may be amended only with the written consent of Grantee and current Grantor and
with the approval of the New York State Department of Agriculture and Markets. Any such
amendment shall be consistent with the Purpose of this Easement and shall comply with the
Environmental Conservation Law or any regulations promulgated thereunder, and shall not
unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA
of the Agriculture and Markets Law or such successor law as enacted or amended. Any such
amendment to this Easement shall be duly recorded.
25.Extinguishment of Easement.
At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and
Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have
changed so much that it becomes impossible to fulfill the Purpose of this Easement described in
Section 2 ("Purpose"),extinguish or modify this Easement in accordance with applicable law. The
mere cessation of farming on the Property shall not be construed to be grounds for extinguishment
of this Easement.
Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain makes
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impossible the continued use of all or such portion of the Property for the Purpose of this Easement
as described in Section 2 ("Purpose") herein, the restrictions may be extinguished as to any such
portion so condemned by judicial proceeding. Upon any subsequent sale,exchange or involuntary
conversion (pursuant to this Section)by the Grantor, Grantee shall be entitled to a portion of the
proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds,
in accordance with Section 27 ("Proceeds") herein.
In the event that Grantor retains the Property subsequent to any such extinguishment or partial
extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair
market value of the Property or a portion of the Property as to which the extinguishment applies
times the percentage determined under Section 26.
26.Proceeds.
The grant of this Easement gives rise to a property right, immediately vested in Grantee,which, for
purposes of calculating value in the event of any such extinguishment or partial extinguishment or
proceeds from a sale or other disposition of the Property as contemplated under Section 26
("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property
unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined
by dividing the value of this Easement, calculated as of the date hereof,by the unencumbered value of
the Property, also calculated as of the date hereof. The Proportionate Share is 43.1%. The
Proportionate Share shall remain constant(subject to reasonable adjustment to the extent permissible
under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be
made on the Property).
With regard to the portion of such Proportionate Share equal to that paid using State Farmland
Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the
primary Purpose of this Easement to enable land to remain in active agricultural and forestry use.
Prior to such re-use, Grantee must notify the New York State Department of Agriculture and Markets.
If re-use is not possible, Grantee shall pay over to the New York State Department of Agriculture and
Markets 73.1%, of the Proportionate Share of such proceeds received by Grantee.
27.Interpretation.
This Easement shall be interpreted under the laws of the State of New York, or federal law, as
appropriate. Any general rule of construction to the contrary notwithstanding,this Easement shall be
liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found
to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
28. Successors.
Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective
agents,heirs,executors, administrators, assigns, and other successors in interest, and shall continue as
a servitude running in perpetuity with the Property.
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29.Severability.
Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof,by court
order or judgment shall in no way affect the validity of any of the other provisions hereof which shall
remain in full force and effect.
30.Notices.
Any notice required or desired to be given under this Easement shall be in writing and shall be sent
by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or(iii) via
Federal Express or other private courier of national reputation providing written evidence of
delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon
delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as
follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth
above; (c) if to any subsequent owner, at the address of the Property; or(d) if to New York State
Department of Agriculture and Markets, 1013 Airline Drive, Albany, New York 12235. Any party
can change the address to which notices are to be sent to him, her or it by duly giving notice
pursuant to this Section.
31.Title.
The Grantor covenants and represents that the Grantor is the sole owner and is seized of the
Property in fee simple and has good right to grant and convey the aforesaid Easement; that the
Property is free and clear of any and all mortgages not subordinated to this Easement, and that the
Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the
aforesaid Easement.
32. Subsequent Liens on Property.
No provisions of this Easement should be construed as impairing the ability of Grantor to use this
Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a
subsequent borrowing. Any subsequent liens on the Property must be subordinate to this Easement.
33. Subsequent Encumbrances.
The grant of any easements or use restrictions is prohibited,except with the permission of Grantee.
Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not
unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of
the Agriculture and Markets Law.
34. Grantor's Environmental Warranty.
Grantor warrants that it has no actual or suspected knowledge of a release or threatened release of
hazardous substances or wastes on or under the Property, as such substances and wastes are defined
by applicable law, and has no actual or suspected knowledge of any violations of any federal, state or
local environmental laws, and hereby promises to hold harmless, defend, and indemnify Grantee, its
elected officials, public officers, employee and agents, and the New York State Department of
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Agriculture and Markets against and from, any and all loss, cost, claim (without regard to its merit),
liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of
hazardous wastes or hazardous substances or violation of federal, state or local environmental laws.
If at any time after the effective date of this Easement there occurs a release in, on, under or about
the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to
any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or
otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human
health or the environment, Grantor agrees to take all steps that may be required under federal, state,
or local law necessary to assure its containment and remediation, including any cleanup.
Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the
New York State Department of Agriculture and Markets, to exercise physical or management
control over the day-to-day operations of the Property, or any of Grantor's activities on the
Property, or otherwise to become an owner, operator or arranger with respect to the Property within
the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended ("CERCLA") or any corresponding state or local statute or ordinance.
35.Duration of Easement.
Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no
merger of title,estate or interest shall be deemed effected by any previous, contemporaneous, or
subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof,to
Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged
into, any other interest or estate in the Property now or hereafter held by Grantee.
36. Entire Agreement.
This instrument sets forth the entire agreement of the parties with respect to the Easement and
supersedes all prior discussions, negotiations, understandings and agreements relating to the
Easement, all of which are merged herein. No alteration or variation of this instrument shall be
valid or binding unless contained in an amendment that complies with Section 24 ("Amendment of
Easement").
37. Waiver.
No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed
to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising
by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in
writing by Grantee.
38. Binding Effect.
The provisions of this Easement shall run with the Property in perpetuity and shall bind and be
enforceable against the Grantor and all future owners and any party entitled to possess or use the
Property or any portion thereof while such party is the owner or entitled to possession or use
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thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect
to the Property transferred cease being a Grantor or owner with respect to such Property for
purposes of this Easement and shall, with respect to the Property transferred, have no further
responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with
respect to such Property, but the transferor shall remain liable for earlier acts and conditions done
or occurring during the period of his or her ownership or conduct.
39. Captions.
The captions in this instrument have been inserted solely for convenience of reference and are not a
part of this instrument and shall have no effect upon construction or interpretation.
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IN WITNESS WHE +, Grant r and Grantee, intending to be legally bound hereby, have hereunto
set their h on date first ve written.
Grantor: `
en T. Cummins
Grantee: Town of Ithaca
By: M _..
Here J. Engf,
Tow Oupervisor
State of New York )
County of /RYr1/�/t:i ), ss:
On the day of I in the year 20 4' before me, the undersigned, personally appeared
7� _ lc�►'►'► i= / , personally known tome or proved tome 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 ' rument.
GUY K,K."I' rl
tar
y Public,St2te of New YCA
dualified sn Tompki7s co. No.4958322
Signatu ividual taking acknowledgement;icy i ororris,ion Fxnirpc Jure 13, ZAVY
State of New York )
County of "7�►9 Off° ), ss:
On the PL- day of '✓ in the year 20�!before me, the undersigned, personally appeared
lV i2 -7- / f qb , 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.
Signature o individual taking acknowledgement GUY K.K90GH
0u Notary Public,State of New York
4968322
my 1commmissionpExp res June 8
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,County of Tompkins,State of New York,being a
part of Military Lot No.41 in said Town,which property is more particularly described as follows:
BEGINNING at a point in the center of the Hayts Road which point is located 1,004 feet more or less westerly along the center
line of said Hayts Road from its intersection with the center line of Hopkins Road, which said point of beginning is also the
southwest corner of premises conveyed to the West Hill Cemetery Association,Inc.by deed of Benjamin F.Sovocool,Executor
of the Estate of Mildred L.Frear dated April 15, 1974,recorded in the Tompkins County Clerk's Office on December 5, 1974,in
Liber 537 of Deeds at Page 217;
Running thence north 83° 11' 38" west along said center line of the Hayts Road, 90 feet to the southeast corner of premises
conveyed by deed of Raymond A. Frear to Kenneth B.Gens dated October 31, 1940,recorded in said Clerk's Office in Liber
257 of Deeds at Page 455,said parcel having been later conveyed by Ethel L.Yonkin to Randolph Brown and Sally B.Gahagan
by Deed dated November 7, 1990 which deed was recorded in the Tompkins County Clerk's Office in Liber 658 of Deeds at
Page 635;
Running thence north 06° 06' 00"east along the easterly line of said parcel 200 feet to a point marked by an iron pin;
Continuing thence north 06 °06' 00"east an additional 200 feet to a point marked by an iron pin;
Running thence north 83° 11' 38"west 450 feet to a point marked by an iron pin,said iron pin being set in the east line of the
premises conveyed by Deed of Lewis V.Frear to Alvin L. Sheldon and Wife,dated June 30, 1932,recorded in the Tompkins
County Clerk's Office in Liber 230 of Deeds at Page 10,said premises being now or formerly of Hart(675/126);
Running thence north 06° 06' 00"east along the east line of said parcel 251.68 feet to the northeast corner thereof;
Running thence north 83° 31' 43"west along the north line of said Hart parcel 270.12 feet to a point marked by an iron pipe;
Running thence north 05° 52' 26" west 287.83 feet to a point in the southerly line of premises now or formerly of Babcock
(308/327);
Running thence north 57° 00' 39"east 323.43 feet to a point marked by an iron pin;
Running thence north 78°20' 35"east 531.83 feet to a pint marked by an iron pipe;
Running thence north 65°57' 09"east 464.04 feet to a point marked by an iron pipe;
Running thence north 59°41' 18"east 95 feet to a point;
Running thence north 58 °31' 06"east 364.05 feet to a pin in the center line of Trumansburg Road(State Highway Route 96);
Running thence southeasterly along the center line of said State Highway along an arc measured by chord bearing south 51°49'
16"east,said arc having a radius of 3044.86 feet and a distance of 122.91 feet,to a point,which point is the northernmost corner
of the premises conveyed to Marie-Louise Brown by deed of the Dewitt Historical Society of Tompkins County(Liber 577,page
418);
Continuing thence southeasterly along the center line of said State Highway along an arc measured by chord bearing south 48°
03' 25"east, said arc having a radius of 3044.86 feet and a distance of 277.06 feet,to a point;
Continuing thence southeasterly along the center line of said State Highway south 45°26'57"east a distance of 112.85 feet to a
point, said point being a southeasterly corner of premises conveyed to Marie-Louise Brown, said point also being the
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Exhibit A
Legal Survey Description of the Property
Page 19 of 23
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northernmost corner of premises conveyed by the Dewitt Historical Society of Tompkins County to John S.Bowers and Celia
Bowers(Liber 575, page 697);
Continuing thence southeasterly along the center line of said State Highway south 45°26'57"east a distance of 156.51 feet to a
point, which point also marks the centerline of Dubois road as it leads northeasterly away from said State Highway;
Running thence south 20° 59' 24" west along a northwesterly line of said Bower's parcel, a total distance of 148.92 feet to a
point marked by an iron pipe;
Running thence south 71' 57' 55" west along the northerly line of said Bower's parcel a distance of 284.70 feet to a point
marked by an iron pipe;
Running thence south 24°49' 21"west a distance of 162.10 feet to a point marked by an iron pipe;
Running thence south 42° 16' 49"east a distance of 624.12 feet to a point marked by an iron pipe;
Running thence south 31° 07' 59"west a distance of 104.40 feet to a point marked by an iron pipe;
Running thence north 82°47' 25"west along the northerly line of premises conveyed to the West Hill Cemetery Association,
Inc.,a distance of 1,259.20 feet to a point marked by an iron pipe;
Running thence south 06°51'35"west,passing through an iron pipe at 500.70 feet a total distance of 525.70 feet to the point or
place of beginning.
EXCEPTING AND RESERVING a right of way to be used in common with the owners of the premises adjoining the herein
conveyed premise on the southeast (Bowers), over an existing driveway extending from the State highway southerly to the
aforesaid adjoining premises,as laid out in September 1980,and as described in a Deed from Marie-Louise Brown to Randolph
Brown dated July 8, 1991 and recorded in the Tompkins County Clerk's Office at Liber 663 of Deeds,at page 1127.
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Exhibit B
Easement Map
Page 22 of 23
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