HomeMy WebLinkAbout2016-05115 �s+Ct�,., I III I III VIII I II VIII VIII III IIIIII VIII VIII IIID IIIIIII II IIII
Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 16-126779
Grantor(Party 1) Grantee (Party 2)
AHC PURCHASER INC ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $0.00 Instrument #: 2016-05115
TP-584 Form Fee $0.00 Transfer Tax #: 001640
Pages Fee $0.00
State Surcharge $0.00
Property located in Town of Ithaca
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on May 13th, 2016 at 11:22:08 AM with a
total page count of 6.
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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
MR Do Not Detach
2016-05115 05/13/2016 11:22:08 AM
PERMANENT WATER AND ACCESS
EASEMENTS AND RIGHTS-017-WAY
THIS INDENTURE is made this 5_ day of February, 2016 by and between
AHC PURCHASER, INC., a Delaware corporation having an address at c/o
Brookdale Senior Living Inc., 111 Westwood Place, Suite 400, Brentwood,
Tennessee 37027 ("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 4.240 acres, identified as
tax parcel number 27-1-11.3 located in the Town of Ithaca, Tompkins County,
New York (the "Premises").
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration paid by the Town, the receipt
and sufficiency of which are hereby acknowledged by the Grantor and the Town,
does hereby grant, remise, relinquish and release unto the Town, its successors and
assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay,
construct, operate, make observations of, inspect, maintain, alter, improve, repair,
remove, replace or change the size of water mains, laterals, collectors, lines and
pipes, 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 parcels of land, such parcels being the areas of
the permanent easement and right-of-way herein granted, and including the right
to trim and/or remove trees, shrubs and other obstructions upon said parcels of
land situate in the Town of Ithaca, County of Tompkins and State of New York, all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York, being more
particularly bounded and described as follows:
Beginning at an iron pin found in concrete at the intersection of the
south right-of-way of Bundy Road with the west highway line of
Trumansburg Road (New York State Route 96); Running thence N
82022'00" W 93.14' along the south line of Bundy Road to the point
and place of beginning:
Thence S 17°17'59" E a Distance of 100.81'; Thence N 72049'54" E a
Distance of 25.20'; Thence S 171759" E a Distance of 20.04'; Thence
S 72055'04" W a Distance of 25.20'; Thence S 171759" E a Distance
of 56.21'; Thence S 08°01'58" W a Distance of 81.84'; Thence N
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81058'02" W a Distance of 20.00'; Thence N 08°01'58" E a Distance of
77.34'; Thence N 171759" W a Distance of 181.82'; Thence S
82°22'00" E a Distance of 22.06'; which is the point and place of
beginning.
Said easement having an area of 5684.81 Square Feet, 0.131 Acres
Said easement is shown as "Parcel 'B' 20' Wide Water Main Easement" on a map
entitled "PROPOSED EASEMENT MAPPING FOR AHC PURCHASER,
INC./TRUMANSBURG ROAD AND BUNDY ROAD/TOWN OF ITHACA,
TOMPKINS COUNTY, NEW YORK", Sheet Title "STORM AND WATER
EASEMENT MAP" (the "Map"), made by Lee Dresser, L.S. of T.G. Miller P.C.,
dated September 10, 2015 and last revised October 14, 2015, a copy of which map is
intended to be filed concurrently herewith.
FURTHER WITNESSETH: That the Grantor further hereby grants and releases
unto the Town, its successors and assigns forever, an easement and right-of-way
for access by vehicles, persons and equipment over the Asphalt Drive along the
north and east sides of Sterling House, which Asphalt Drive and Sterling House
are shown on the Map, for the purpose of accessing the aforementioned water
easement.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings 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) shall be constructed
within the aforesaid permanent easements and rights-of-way 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
water mains, laterals, collectors, lines and pipes, and other and related
appurtenances and devices.
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) shall be
constructed or placed within the aforesaid permanent easements and rights-of-
way 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,
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replace or chane the size of an water mains laterals collectors lines and pipes,
P g Y pp ,
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, no trees or other plants will be planted or cultivated that may
interfere with the said easements and rights-of-way.
3. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will not permit or conduct any mining, excavation, construction or
blasting within said easements and rights-of-way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that 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 these easements, or any rights therein:
"Being the purpose of the said water easement and right-of way to convey
rights to the Town of Ithaca for water 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 water mains, laterals, collectors, lines and pipes, 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
easements and rights-of-way, and including the right to trim and/or remove
trees, shrubs and other obstructions, all of which rights are (1) set forth in
permanent easements and rights-of-way 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 FURTHER, Grantor and the Town acknowledge that the easements and
rights-of-way 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 rights-of-way and easements unto the Town, its
successors and assigns forever, it being the intent of the Grantor to have these
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easements and all related rights-of-way herein expressed run with the land
forever, and be permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times, when it
enters the Premises for any purpose related to the permanent easements 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.
IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands
and seals the day and year first above written.
AHC PURCHASER, INC. TOWN OF ITHACA
By: z By:
Eric W. Hoaglund
Vice President Supervisor ;
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2016-05115 05/13/2016 11:22:08 AM
State of New York )
County of Tompkins ) ss.:
On the n day of the year 2016 before me, the undersigned,
personally appeared ,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.
OF
Notary Public =.
PAULETTE TERWILUGER NOTARY SEAL
Notary Public,State of New York [ _ -
No.01TE6156809 -
oualiRed in Tompkins County -
Commission Expires December 4.20_M
State of Wisconsin )
County of Milwaukee) ss.:
On the 1.5+h day of Fcbf of in the year 2016 before me, the undersigned,
personally appeared Eric W. Hoa d,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
[NOTARY SEAL]
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