HomeMy WebLinkAboutJ - 09 Easement Agreement - HageEASEMENT AGREEMENT FOR INGRESS AND EGRESS
This Easement Agreement for Ingress and Egress and Access (the "Easement
Agreement') is executed by TOWN OF CORTLANDVILLE, a municipal corporation
organized under the laws of the State of New York, with offices located at 3577 Terrace
Road, Cortland, NY 13045 (the "Grantor") in favor of JOSEPH RAGE, an individual
residing at 1210 Davinci Drive, Cortland, New York 13045 ("the Grantee"), for the
purposes and upon the consideration herein set forth.
RECITALS
A. Grantor is the owner of that certain tract of real property in the Town of
Cortlandville, County of County and State of New York on Davinci Drive and being
tax map no. 76.14-04-03.000, which property is more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference (the "Grantor Tract').
Grantee has requested that Grantor convey to Grantee an easement over, under and
across the north westerly most two hundred and seventy nine (279) square feet of the
Grantor Tract (the "Easement Tract'), which Easement Tract is more particularly
shown and identified as "Proposed Easement For Ingress and Egress To Be Conveyed
From The Town of Cortlandville to Joseph Hage" on a survey map titled "Survey Map
of Lands of Joseph Hage" made by Michael Reagan P.L.S. # 049892 of Reagan
Land Surveying, dated June 14, 2022 and amended on April 26, 2023, which map
is attached hereto as Exhibit `B and intended to be filed simultaneously herewith
and incorporated herein by reference.
B. By this Easement Agreement, Grantor desires to grant to Grantee a
permanent exclusive easement (the "Easement') over, under and across the Easement
Tract for a driveway, for motor vehicle and pedestrian ingress, egress and as a right-of-
way across the Easement Tract, and for construction, maintaining, repairing, operating
and using the Easement Tract (collectively called the Easement Purposes"), subject to the
conditions and limitations herein set forth.
NOW, THEREFORE, in consideration of the sum of One And No/100 Dollar
($1.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt
and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby grant
to Grantee the Easement described in this Easement Agreement, according to the terms
and provisions set forth herein,
GRANT OF EASEMENT
1. GRANT OF EASEMENT. Grantor grants, sells and conveys the
Easement to Grantee over and across the Easement Tract, which shall be a permanent,
exclusive easement appurtenant and right-of-way upon and across the Easement Tract.
2. PURPOSE OF EASEMENT. The easement is granted for the benefit of
Grantee for the Easement Purposes.
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RECITALS. The Recitals set forth above are incorporated into this
Easement Agreement as though fully set forth herein,
GENERAL COVENANTS
4. DURATION OF EASEMENT. The Easement shall continue in perpetuity
over and across the Easement Tract for the benefit of the Grantee. If Grantee intends to
permanently abandon the Easement, Grantee shall give Grantor one hundred twenty (120)
days prior written notice of its intent to abandon the Easement, and Grantee shall, at its
expense, during such one hundred twenty (120) day period, permanently remove all
facilities, paving, and improvements placed on the Easement Tract.
5. MAINTENANCE BY GRANTEE. Grantee shall maintain and repair the
pavement areas and any improvements located on or under the Easement Tract at
Grantee's sole expense.
6. INDEMNITY BY GRANTEE. Grantee does hereby indemnify and hold
Grantor harmless for the acts, omissions and negligence of Grantee, its agents,
employees, contractors, successors and assigns, and for any damages, causes of action,
costs, expenses and liability which may result from such acts, omissions or negligence,
including reasonable attorney's fees, litigation expenses and costs of court.
7. NOTICES. All notices from Grantor to Grantee, or from Grantee to
Grantor, required or permitted to be given pursuant to this Agreement, shall be in writing
and shall be deemed received when sent by either certified mail, return receipt requested,
postage prepaid, via messenger with receipted delivery, or via nationally recognized
overnight air courier, to the addresses shown below:
If to Grantor: Town of Cortlandville
3577 Terrace Road
Cortland, NY 13045
If to Grantee: Joseph Hage
1210 Davinci Drive
Cortland, NY 13045
All notices shall specifically refer to this Easement Agreement. The addrss of any
party to this agreement, or if a successor or assign to a party of this agreement, may be
changed by written notice to the other party given in the manner required for notices as
described above.
8. BINDING EFFECT. The terns and provisions of this Easement
Agreement shall bind and inure to the benefit of Grantor and Grantee, and to thweir
respective successors and assigns.
9. CONTROVERSIES AND ATTORNEY'S FEES. If any controversy,
claim, or dispute arises to this Easement Agreement or its breach, the prevailing party
shall be entitled to recover from the other part reasonable attorney's fees and costs of
court.
10. ENTIRE AGREEMENT. The Easement Agreement contains the entire
agreement between Grantor and Grantee relating to the Easement. Any subsequent
amendment or modification must be in writing and agreed to by Grantor and Grantee,
their successors and assigns.
11. AUTHORITY. The undersigned individuals who sign this Easement
Agreement on behalf of Grantor and Grantee, respectively, have all necessary authority to
execute this Easement Agreement and to bind the party that they represent.
12. MULTIPLE COUNTERPARTS. This Easement Agreement may be
executed in multiple counterparts, each of which shall have the force and effect of an
original, but together shall constitute one instrument.
EXECUTED effective this _ day .2023.
GRANTOR: TOWN OF CORTLANDVILLE
By: Thomas Williams
Thomas Williams, Town Supervisor
GRANTEE: JOSEPH HAGE
By: Joseph Hage
Joseph Hage
State of New York
County of Cortland } ss:
On the day of in the year 2023 before me,
the undersigned, personally appeared Thomas Williams 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
State of New York
County of Cortland } ss:
On the day of in the year 2023 before me,
the undersigned, personally appeared Joseph Hage 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
EXHIBIT A
:.:• »9 241
WARRANTY DEED WITH LIEN COVENANT
THIS INDENTURE, made the )day of May, Nineteen Hundred
and Ninety-three, between
NANCY AMBROSE, residing at 1199 DaVinci Drive, Cortland, New
York, party of the first part, and
TOWN OF CORLANDVILLE, a municipal corporation having
offices at 15 Terrace Road, Cortland, New York,
O: WITNESSETH, that the party of the first part, in
consideration of One Dollar (1.00), lawful money of the United
States, and other good and valuable consideration paid by the
�-- party of the second part, does hereby grant and release unto the
party of second part, its successors, heirs and assigns forever,
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town
of Cortlandville, County of Cortland and State of New
York, being a part of Lot 54 in said Town, bounded and
described as follows: BEGINNING at a point in the
southerly line of DaVinci Drive, said point being
located N 780 19' 03" W. as measured along said
southerly line, a distance of 336.96 feet from its
intersection with the westerly boundary line of New
York State Route 281 (aka West Road); running thence
S 240 53. 25" W a distance of 102.02-feet to a point;
running thence S 590 44' 37" W a. distance -of 111.14
feet to a point; running thence S 140 21' 24" E a
distance of 173.42 feet to a point;running thence S
150 02' 11" E a distance of 102.77 feet to a point in
the northerly line of Hillside Manor - Section I;
running thence S 860 37' 57" W. along said northerly
line of Hillside Manor -Section I, a distance of 465.92
feet to a point in the easterly line of lands of
Numarric Development Corp., (RO) (See Liber 506 of
Deeds, Page 153); running thence N 030 28' 31" W,
along said easterly line of Numarric Development Corp.,
a distance of 140.01 feet to a point located in the
aforesaid southerly line of DaVinci Drive; running
thence on a curve to the left, along said southerly
line of DaVinci Drive, having a radius of 295.00; feet
and a central angle of 690 40' 3611, an arc distance of
358.75 feet to a point, said point having a chord
bearing of N 560 41' 48" E and a chord distance of
337.05 feet from the last mentioned point; running
thence on a curve to the right, along said southerly
line of DaVinci Drive, having a radius of 205.00 feet
and a central angle of 790 491 27" an arc distance of
285.61 feet to a point, said point having a chord
bearing of N 610 46' 14" E and a chord distance of
263..06 feet from the last mentioned point; running
thence S 780 19' 03" E. along said southerly line of
DaVinci Drive, a distance of 30.04 feet to the place of
beginning and containing 2.775± acres of land.
The above described premises are more particularly
shown on a survey map prepared by Stockwin surveying,
R. James Stockwin, PLS #49012, dated December 9, 1992,
and certified May 24, 1993, and entitled "Lands of
Nancy R. Ambrose, R.O.", annexed hereto and
incorporated herein by reference.
Being a portion of premises conveyed by Garrison A.
Marsted and Katie A. Marsted to Nancy Ambrose by deed
dated June 16, 1987, and recorded in the Cortland
County Clerk's Office on June 19, 1987, in Book 449 of
Deeds at Page 33.
TOGETHP,R with the appurtenances and all the estate and
rights of the party of the first part in and to said premises.
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TO HAVE AND TO HOLD the premises herein granted unto the
party of the second part, its successors, heirs and assigns
forever.
AND said party of the first part covenant as follows:
FIRST, that the party of the second part shall quietly enjoy
the said premises;
SECOND, that the party of the first part will forever
WARRANT the title to said premises.
THIRD, That, in compliance with Sec. 13 of the Lien Law, the
grantor will receive the consideration for this conveyance and
will hold the right to receive such consideration as a trust fund
to be applied first for the purpose of paying, the cost of the
improvement and will apply the same first to the payment of the
cost of the improvement before using any part of the total of the
same for any other purpose.
IN WITNESS WHEREOF, the party of the first part has hereunto
set her hand and seal the day and year first above written.
In Presence of:
� 'Naey-y rose�Y _
STATE OF NEW YORK )
ss;
COUNTY OF CORTLAND)
On this a day of May, 1993, before me personally appeared
NANCY AMBROSE to me known and known to me to be the person
described in and who executed the within Instrument, and she duly
acknowledged to me that she executed the same.
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JANE E. RASIDEAU
Notary PuDlie, Stet of Newyork
No. 4E09910
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EXHIBIT B