HomeMy WebLinkAboutBF172552-001WALKWAY EASEMENT
TOWN OF ITHACA WALKWAY
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 403 Warren Road
Ithaca NY 14850
Town of Ithaca Tax Parcel Number: 70.-1-35
THIS INDENTURE made as of the day of 20 ,
BETWEEN: Fern &o& S %e w
el la
403 Warren Road
referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga,
Ithaca, New York, hereinafter called GRANTEE, its successors and assigns,
WITNESSETH:
WHEREAS, GRANTEE has an easement for the Construction and Maintenance of a Walkway
WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the a walkway
must cross or encroach upon private property for the above reasons;
NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said
GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the
community, and otherwise, and in further consideration of the covenants herein contained and other good and sufficient
consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and
assigns forever: A permanent easement to enter upon for the purpose of maintenance and repair of such walkway across or upon
the lands of the GRANTOR in the Town of Ithaca. The width of the easement and the approximate location are shown on the
attached map.
The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby: lien
All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located
on the easement areas or any other facilities constructed on said premises shall remain the property of and shall be under the control
and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to said property covered by said
easement, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and
enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the
construction, maintenance, operation or repair of, or cause injury or damage to the walkway or other facilities. Whenever any work
is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed, the premises will
be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably
possible. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces,
that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. If any damage is
caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall
give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tiora Street, Ithaca, New
York, immediately following any such damage or failure to restore the property. Such notice must be in writing and must be given
promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any who performed the work on
the Project. Any action against the Town must be commenced within two years from the happening of the event upon which
GRANTOR'S claim is based or within such shorter statutory period as may be applicable.
EASEMENT -- Town of Ithaca Walkway Easement
This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien.
OWNER(s) NAME
t e- V'J
OWNER(s) SIGNATURE
L.S.
L.S.
State of New York, County of Tompkins SS:
r `
On the day of Juv+� in the year U� before me, the undersigned, personally appeared.
�tf Y1 l,Qtn
Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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.
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Tioga County ovi0
Commission Expires December 26,
TOWN OF ITHACA
NOTARY PUBLIC -
BY �% 1�2.. L � � L� � /V% A'�
/91GNATX1E
State of NewYork', County of Tompkins SS:
On the � V/day of in the year 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 names(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), r the pe son upon behalf of which the individual(s)
acted, executed the instrument.
i1
NOTARY PfJBLIC _
KAREN M. BILLINGS` � =
Notary Public, State -of N&w York
No. 01616179590---.-- -
Qualified in Tompkins County
Commission Expires December 24, 2011
Andrew
& Fern
Perre I I a
Sien,o R.O.
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TeMDOrCry Easement
5. 0'
Through the lands of Tax Parcel LC
,, OOF )I],
—403 Warren Rd Temporary Easement
DAM 5-04-09 70 - 1 - 35
I Warren Road Walkway Town of Ithoca,
1 30' Tompkins County, New York