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HomeMy WebLinkAbout2016-04869 Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk CLOSING USA LLC Tompkins County Clerk FED EX 6728 2417 0243 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 16-125882 Grantor(Party 1) Grantee (Party 2) CAYUGA MEADOWS HOUSING DEVELOPMENT TOWN OF ITHACA FUND COMPANY INC Fees Transfer Amt: $1.00 Recording Fee $20.00 Instrument #: 2016-04869 Pages Fee $35.00 State Surcharge $20.00 Transfer Tax #: 001610 Total Fees Paid: $75.00 Property located in Town of Ithaca State of New York County of Tompkins Recorded on May 6th, 2016 at 2:11:28 PM with a total page count of 7. 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 2016-04869 05/06/2016 02:11:28 PM r PERMANENT STORMWWATER AND ACCESS EASEMENT THIS INDENTURE is made,4this,lday of WCLq 2016 by and between Cayuga Meadows Housing Development FuA Company, Inc., a New York not-for-profit corporation, and CV at Cayuga Meadows, LLC, a New York limited liability company, both with offices at 1000 University Avenue, Suite 500, Rochester, New York 14607 (together, the "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"). The Grantor is the owner of a certain parcel of land of 4.796 acres, identified as part of tax parcel number 24.4-5.2, located in the Town of Ithaca, Tompkins County, New York, commonly known as Cayuga Meadows (the "Premises"). NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar v N ($1.00) and other good and valuable consideration paid by the Town, the receipt � o and sufficiency of which are hereby acknowledged by the Grantor and the Town, E Q z does hereby grant, remise, relinquish and release unto the Town, its successors and Im 10 o, - assigns forever, an EASEMENT to excavate, install, lay, construct, operate, make r- o,E a observations of, inspect, maintain, alter, improve, repair, remove, replace or change O >"Fn a J o 0 o the size of stormwater, drainage and/or sediment control facilities, including X J Fj °' M ditches, ponds, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcel of land, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels of land that interfere with the Town's rights under this easement, such parcel being the area of the permanent easement herein granted, situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: all as more particularly bounded and described as follows: All that tract or parcel of land situated on a portion of Military Lot 87, in the Town of Ithaca, County of Tompkins, and State of New York, more particularly described as follows: Commencing at the point of intersection of the centerline of West Hill Drive with the centerline of Trumansburg Road, N.Y.S. Route 96;thence, A. South 50°38'29" East, along said centerline of"ITrumansburg Road, a distance of 273.14 feet to a point; thence, B. South 62°13'45" West, a distance of 35.82 feet to a point, said point being the most northeasterly property corner of lands now or formerly of New York State Electric & Gas Corporation.,Tax parcel number 24.-4-5.1, also being the southeasterly corner of 1 2016-04869 05/06/2016 02:11:28 PM lands now or formerly of Overlook at West Hill II Housing Development Fund Corporation, filed at instrument number 468655-002, Parcel 1, also known as Parcel C; thence, C. South 62°13'45" West, along the southeasterly boundary line of said Overlook at West Hill II Housing Development Fund Corporation, a distance of 673.35 feet to the Point of Beginning; thence, 1. South 62°13'45" West, along the southeasterly line of said lands of Overlook at West Hill II Housing Development Fund Corporation, a distance of 320.00 feet to a point, said point being on the easterly line of lands now or formerly of Ithaca Land Holdings,LLC; thence, 2. South 19°02'16" East, along said Easterly line of lands of Ithaca Land Holdings, LLC, a distance of 317.50 feet to a point; thence, 3. South 02°39'15" East, along the easterly line of lands now or formerly of GY Corporation, a distance of 149.47 feet to a point; thence, the following five courses through lands of Cornell University. 4. North 88°11'02" East, a distance of 440.58 feet to a point; thence, 5. North 19°46'57" West, a distance of 478.13 feet to a point of curvature; thence, 6. Northwesterly, along a curve to the left, having a delta of 24° 30' 11", a radius of 120.00 feet, and an arc length of 51.32 feet to a point; thence, 7. North 44°17'07" West, a distance of 69.40 feet to a point of curvature; thence, 8. Northwesterly, along a curve to the right, having a delta of 16° 30' 52", a radius of 180.00 feet, and an arc length of 51.88 feet to the Point of Beginning, encompassing 4.796 acres, more or less. Intending to describe Lot 1 as shown on a map entitled "Subdivision Map Cayuga Meadows Senior Housing Development dated December 8, 2009 and most recently updated on February_, 2016, prepared by Passero Associates," filed in the Tompkins County Clerk's Office. Being the lands conveyed by Cornell University to Cayuga Meadows Housing Development Fund Company, Inc. by Deed dated of even date herewith and recorded in the Tompkins County Clerk's Office immediately prior to this Easement. FURTHER WITNESSETH: That the Grantor further hereby grants and releases unto the Town, its successors and assigns forever, an EASEMENT for access by vehicles, persons and equipment over the Premises, for the purpose of accessing the aforementioned stormwater easement. 2 2016-04869 05/06/2016 02:11:28 PM AND,Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement) shall be constructed or placed within the aforesaid permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement, no trees or other plants will be planted or cultivated that may interfere with the said easement. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement, it will not permit or conduct any mining, excavation, construction or blasting within said easement. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee that explicitly reference the aforesaid permanent easement, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein: "Being the purpose of the said stormwater and access easement to convey rights to the Town of Ithaca for stormwater, drainage, sediment control and 3 2016-04869 05/06/2016 02:11:28 PM stormwater management purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below- described permanent easement, and including a right to trim and/or remove trees, shrubs and other obstructions that interfere with the Town's rights under said stormwater and access easement, all of which rights are (1) set forth in a permanent easement granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed." AND THE TOWN DOES COVENANT that 1. Grantee will at all times, when it enters the Premises for any purpose related to the permanent easement as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry. 2. Grantee shall not allow any claim, lien or other encumbrance arising from its use of the easement area to accrue against or attach to the easement premises or any other portion of the Grantor's property, but if any lien or notice of lien is so filed, the responsible party shall promptly bond and discharge any lien or notice of lien that may be so filed. Grantor shall send to Grantee timely written notice of any lien so filed of which Grantor itself has notice, and Grantee shall send to Grantor timely written notice of any lien so filed of which Grantee itself has notice. AND FURTHER, Grantor and the Town acknowledge that the easement hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said easement unto the Town, its successors and assigns forever, it being the intent of the Grantor to have this easement run with the land forever, and be permanent and perpetual. 4 2016-04869 05/06/2016 02:11:28 PM IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. CAYUGA MEADOWS HOUSING TOWN OF ITHACA DEVELOPMENT FUND COMPANY, INC. By: By: Cheryl Sklpfn William D. Goodman Vice President Supervisor CV AT CAYUGA MEADOWS, LLC By. C4j,r5g Plea�ws iv�� naJ J Wle, -0� Lc_. By: Cheryl Stul in Senior Vice President 5 2016-04869 05/06/2016 02:11:28 PM i State of New York ) County of Monroe ) ss.: On the day of in the year 2016 before me, the undersigned, personally appeared Cheryl Stulpin, 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. Notary Public HEATHER SALATINO NOTARY PUBLIC,STATE OF NEW YORk OUALJFIED IN MONROE COUNTY COMMISSION EXPIRES APRIL 17,20lq State of New York ) County of Tompkins ) ss.: On the day of in the year 2016 before me, the undersigned, personally appeared William D. Goodman 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 cted, executed the instrument. Ndfary Public PAULETTE TERWILUGER Notary Public,State of New York No.01TE6156809 Ouelbled in Tompkins County C mmission Expires December 4, 6