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ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 16-133320
Grantor(Party 1) Grantee (Party 2)
NUT BROWN REALTY LLC ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $0.00 Instrument #: 2016-08074
TP-584 Form Fee $0.00 Transfer Tax #: 002076
Pages Fee $0.00
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on July 15th, 2016 at 10:32:58 AM with a
total page count of 4.
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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
"c Do Not Detach
2016-08074 07/15/2016 10:32:58 AM
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RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made as of the 14`x' day of July, 2016, by and between NUT BROWN
REALTY, LLC (the "Grantor"), MITCHELL VENTURES, LLC ("MV"), both New York
limited liability companies having offices at 122 Ithaca Beer Drive, Ithaca, New York 14850,
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 shown on a map
entitled "ADDITION FOR THE ITHACA BEER COMPANY, 122 ITHACA BEER DRIVE,
ITHACA, NEW YORK, 14850," made by T.G. Miller, P.C., dated September 30, 2014, and, in
particular, shown on "GRADING AND DRAINAGE PLAN," Sheet C102, and on "EROSION
AND SEDIMENT CONTROL PLAN," Sheet C 103 thereof, a copy of which map has been filed
with the Town of Ithaca. Said right-of-way and easement is on premises currently identified as
Town of Ithaca Tax Parcel 33.-3-2.10 and is a 20-foot wide right-of-way and easement centered
10 feet on either side of each of said drainage, stormwater and/or sediment control facilities,
including ditches, ponds and other and related appurtenances and devices, as and when installed,
together with the rights of free ingress and egress over said premises as reasonably necessary to
access said easement areas.
FURTHER WITNESSETH: That, 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, MV and the Town, MV does hereby grant and release unto
the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT over the
private drive referred to as Ithaca Beer Drive, and the Grantor grants and releases unto the Town,
its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT over the private drive
running northwesterly from Ithaca Beer Drive, for ingress to and egress from the easement areas
described above. The location of said Ithaca Beer Drive and said private drive are shown on the
map entitled, "SUBDIVISION PLAT SHOWING LANDS OF MITCHELL VENTURES, LLC,
LOCATED ON NYS ROUTE 34/96 & NYS ROUTE 13A, TOWN OF ITHACA, TOMPKINS
COUNTY, NEW YORK," made by T.G. Miller, P.C., dated April 5, 2011 and filed in the
Tompkins County Clerk's Office on September 8, 2011 as Instrument Number 580343-001, and
are located on premises currently identified as Town of Ithaca Tax Parcels 33.-3-2.2 and 33.-3-
2.10, respectively,
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FURTHER WITNESSETH: That the Grantor and MV each covenant and agree that no
buildings or structures 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, the Grantor and MV each further covenant and agree for themselves, respectively, and all
of their respective successors and assigns, as follows:
1. No trees or other plants will be planted or cultivated that may interfere with the said
easements and rights-of-way.
2. The Grantor and MV, respectively, will not permit or conduct any construction that will
interfere with complete access by the Town, as set forth herein, or any mining,
excavation or blasting within said easement and right-of-way areas.
3. The Grantor, and MV, respectively, 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 as provided herein.
4. The Grantor, and MV, respectively, will place the following provision in all conveyances
of the subject property or portions thereof covered by this easement, 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 easement and right-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 a permanent easement and right-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, the Grantor, MV 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.
2016-08074 07/15/2016 10:32:58 AM
IN WITNESS WHEREOF, the Grantor and MV have hereunto executed this instrument as of
the date first above written.
IN PRESENCE OF GRANTOR:
NUT BROWN REALTY, LLC
BY:
Dan . Mitchell, Managing Member
MITCHE L VENTURES, LLC
BY:
Dan . Mrtche11, Managing Member
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.:
On the 0day of July, in the year 2016, before me, the undersigned, a Notary Public in
and for said State, personally appeared Dan L. Mitchell 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, executed the instrument.
Notary Pub is
pAULETTE TERWILUGER
Notary Public,State 01 New Yodt
N0.01TE6156808
Oualftd in Tompkins County
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