HomeMy WebLinkAbout2016-05116 �'��"���x IIIIIIIII III VIIIIIII II IIII II II II II I I IIIIIIII
' 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 #: 2016-05116
TP-584 Form Fee $0.00 Transfer Tax #: 001641
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 11:22:09 AM 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
MR Do Not Detach
2016-05116 05/13/2016 11:22:09 AM
RIGHTS-OF-WAY AND EASEMENTS
THIS INDENTURE is made this 10th da of May, 2016 b and between AHC
Y Y� � Y
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, an incorporated
municipality of the state of New York, with offices at 215 North Tioga Street,
Ithaca, New York 14850 (the "Town").
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 and release unto the Town, its successors and assigns forever, a
RIGHT-OF-WAY and EASEMENT to lay, construct, operate, make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of drainage,
stormwater 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, upon and under the below-described parcels of land, such
parcels being the areas of the permanent easements and rights-of-way, and
including the right to trim and/or remove obstructing trees, shrubs and other
obstructions on 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 AND PARCEL OF LAND situate in the Town
of Ithaca,Tompkins County,New York,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), thence the following
(2) courses and distances from the iron pin at the intersection of the
south line of Bundy Road with the west line of Trumansburg Road:
S34044'06"E 169.41 feet and S40029'44"E 230.09 feet to a point, which is
the point and place of beginning:
Thence S 49°30'17" W a Distance of 97.96'; Thence S 02°46'11" W a
Distance of 82.25'; Thence S 10°42'12" W a Distance of 61.40'; Thence S
21°15'10" W a Distance of 46.32'; Thence S 39°02'31" E a Distance of
20.44'; Thence N 50°32'53" E a Distance of 185.91'; Thence N 08°23'57"
E a Distance of 42.15'; Thence N 87006'33" E a Distance of 11.54';
Thence S 8404743" E a Distance of 23.94'; Thence N 40029'44" W a
Distance of 140.58';which is the point and place of beginning.
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Said easement having an area of 23909.01 Square Feet, 0.549 Acres.
Said easement is shown as "Parcel 'C' Proposed 'New' Storm Water Management
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", 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 land of Grantor more
particularly described on Exhibit A attached hereto, for the purpose of accessing
the aforementioned stormwater 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 rights-of-way and permanent easements which will in any
way interfere with complete access by the Town, its successors, assigns, employees
and agents to lay, construct, operate, make observations of, inspect, maintain, alter,
repair, remove, replace or change the size of any drainage, stormwater and/or
sediment control facilities, including ditches, ponds, and other and related
appurtenances.
AND, Grantor further covenants and agrees:
1. Grantor, for himself and all of his successors and assigns, 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 rights-of-way and permanent easements which
will in any way interfere with complete access by the Town, its successors, assigns,
employees and agents to lay, construct, operate, make observations of, inspect,
maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other
and related appurtenances.
2. Grantor, for himself and all of his 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
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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 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 easements and rights-of-way.
4. Grantor, 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 interferes with the ingress and egress rights of the Town, its
successors, assigns,employees and agents.
5. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he 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 drainage easement and right-of way
to convey rights to the Town of Ithaca for drainage, storm sewer,
sediment control and stormwater management purposes, including
the conveyance of rights to said Town to lay, construct, operate,
make observations of, inspect, maintain, alter, repair, remove, replace
or change the size of drainage, stormwater 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, 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 Drainage District 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, 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
easements and all related rights-of-way herein expressed run with the land forever,
and be permanent and perpetual.
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IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day
and year first above written.
IN PRESENCE OF
AHC PURCH NC.
By:
Name:Eric W. Hoaglund
Title: Vice President
STATE OF WISCONSIN }
COUNTY OF MILWAUKEE } ss:
On the 10th day of May, in the year 2016, before me, the undersigned, personally
appeared Eric W. Hoaglund, 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 he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, cuted the instrument.
Notary Public
[NOTARY SEAL]
JW N
tIC
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EXHIBIT A
Legal Description
PARCEL 1 (101 BUNDY ROAD, TOWN OF ITHACA, TOMPKINS COUNTY)
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN FOUND IN CONCRETE IN THE WEST LINE OF
TRUMANSBURG ROAD, (NEW YORK STATE ROUTE 96) SAID PIN BEING LOCATED
THE FOLLOWING TWO (2) COURSES AND DISTANCES FROM THE IRON PIN IN THE
INTERSECTION OF THE SOUTH LINE OF BUNDY ROAD WITH THE WEST LINE OF
TRUMANSBURG ROAD:
1. SOUTH 340 44' 06" EAST 169.41 FEET TO AN IRON PIN; AND
2. SOUTH 400 29' 44" EAST 389.86 FEET TO A POINT, WHICH IS THE POINT AND
PLACE OF BEGINNING;
RUNNING THENCE SOUTH 500 32' 53" WEST FOR A DISTANCE OF 315.55 FEET TO A
POINT;
RUNNING THENCE NORTH 820 00' 32" WEST FOR A DISTANCE OF 329.03 FEET TO
AN IRON PIN;
RUNNING THENCE NORTH 370 00' 32" WEST FOR A DISTANCE OF 141.85 FEET TO
AN IRON PIN;
RUNNING THENCE NORTH 520 10' 37" EAST FOR A DISTANCE OF 525.52 FEET TO A
POINT; AND
RUNNING THENCE SOUTH 400 29' 44" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD, PASSING THROUGH AN IRON PIN FOUND IN CONCRETE AT
A DISTANCE OF 233.20 FEET, A TOTAL DISTANCE OF 369.21 FEET TO THE POINT
AND PLACE OF BEGINNING.
TOGETHER WITH THE RIGHTS CREATED FOR THE BENEFIT OF THE ABOVE
DESCRIBED PARCEL BY THAT CERTAIN EASEMENT AGREEMENT DATED
AUGUST 26, 1998 FROM RICHARD A. PERRY AND MARY LOUISE PERRY TO ITHACA
TRUMANSBURG ROAD, LLC RECORDED IN THE TOMPKINS COUNTY CLERK'S
OFFICE IN BOOK 828 OF DEEDS AT PAGE 158.
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PARCEL 2 (103 BUNDY ROAD, TOWN OF ITHACA, TOMPKINS COUNTY)
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK, 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 SOUTH 340 44' 06" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD A DISTANCE OF 169.41 FEET TO AN IRON PIN FOUND IN
CONCRETE;
RUNNING THENCE SOUTH 400 29'44" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD A DISTANCE OF 20.65 FEET TO A POINT;
RUNNING THENCE SOUTH 520 10' 37" WEST FOR A DISTANCE OF 525.52 FEET TO AN
IRON PIN;
RUNNING THENCE NORTH 370 00' 32" WEST FOR A DISTANCE OF 247.49 FEET TO
AN IRON PIN;
RUNNING THENCE NORTH 070 59' 28" EAST FOR A DISTANCE OF 337.41 FEET TO A
POINT IN THE SOUTH LINE OF BUNDY ROAD; AND
RUNNING THENCE SOUTH 820 22' 00" EAST, PASSING THROUGH AN IRON PIN
FOUND IN CONCRETE AT A DISTANCE OF 150.17 FEET, A TOTAL DISTANCE OF
410.88 FEET TO THE POINT AND PLACE OF BEGINNING.
SAID PARCEL 1 AND PARCEL 2 ARE SHOWN 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", 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.