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HomeMy WebLinkAbout20210764 13 Bowman Subdivision Easement to City for Sidewalks EASEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of the day of 2021,by and between T& T and Bowman LLC(the"LLC"),with a principal place of business at 19 Railroad Place, Saratoga Springs, NY 12866 and The City of Saratoga Springs (the "City") with principal place of business at 474 Broadway, Saratoga Springs, NY 12866 (hereinafter collectively known as the "Parties", or singularly as"Party"). WITNESSETH: WHEREAS,the LLC is the owner of certain real property located on Bowman Street in the City of Saratoga Springs, County of Saratoga, State of New York, with an address of 13 Bowman Street, Saratoga Springs, NY (SBL: 179.29-3-19), the deed for which is recorded in the Saratoga County Clerk's Office as Instrument Number (hereinafter the "Property"); WHEREAS, the LLC has been granted approval to subdivide the Property by the City of Saratoga Springs Planning Board, the map for which is recorded in the Saratoga County Clerk's Office on as Map No. (hereinafter the "Map") and is incorporated herein by reference; WHEREAS, the City is the owner of the Bowman Street right of way which the Property fronts along; WHEREAS, a condition of the subdivision approval granted to the LLC requires the LLC to construct sidewalks along Bowman Street, for the benefit of the City and its inhabitants, as noted on the Map; WHEREAS, the City and the LLC wish to construct the sidewalk for the benefit of the City and its inhabitants between the Property and Bowman Street (hereinafter the "Easement"); WHEREAS, the parties have agreed to a separate legal description reflecting the area of the Easement which legal description is attached hereto as Exhibit A(hereinafter, the "Easement Area"). NOW, THEREFORE, in consideration of ten and 00/100 ($10.00) dollars and the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The LLC grants to the City a perpetual easement over the Easement Area as shown on the Map and more particularly described in Exhibit"A" hereto for the purposes of extending the City's right of way for the use of a sidewalk in this location, for the use and benefit of the public together with the right of the City, it's officers, employees, agents and representatives, of ingress and egress upon and along the premises for the full and complete use and effect of the Easement herein granted, and all rights and privileges incident thereto. The rights and easements created herein shall at all times be deemed to be and shall be a continuing easement and covenant running with the land and binding upon the parties hereto and their successors and assigns. 2. The LLC, its successors and/or assigns shall be responsible for: (a) all maintenance and repair, and the costs associated therewith, of the Easement Area including, but are not limited to, repair, striping, replacement, maintenance and ice/snow removal; and (b) maintaining insurance coverage for the Easement Area. 3. The easement granted herein is subject to the following restrictions and reservations: (a) The use of the Easement Area by any person entitled to the use thereof under this Agreement shall be non-exclusive and in common with all other persons or entities that have a right thereto. (b) The Parties agree not to obstruct or interfere in any way with the free flow use of the Easement Area, except to the extent reasonably necessary for reasonable repair and maintenance. 4. Each party hereby agrees to indemnify and hold the other party harmless from all damages, costs (including attorneys' fees), claims and actions for personal injury, death and/or property damage occurring on or about or arising from the use of the Easement Areas within the indemnifying party's parcel. 5. In the event of a dispute between the Parties concerning the interpretation of any provision of this Agreement or the performance of any of the terms of this Agreement, such matter or matters in dispute shall be finally settled under the Rules of the American 2 Arbitration Association by one arbitrator in the City of Saratoga Springs, New York. 6. This Agreement constitutes and contains the entire agreement among the parties with respect to the subject matter hereof and supersedes any and all prior contemporaneous representations, negotiations, correspondence, understandings, and agreements among the parties with respect to said subject matter, or the relationship and dealings between the parties with respect to said subject matter. 7. Each party shall, at any time, and from time to time hereafter, take any and all steps, and execute, acknowledge, and deliver to the other party, any and all instruments and assurances that the other party may reasonably require for the purpose of affording full force and effect to the provisions of this Agreement or to evidence the same of record. 8. This Agreement may be executed in separate counterparts each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 9. This Agreement will be construed in accord with the Laws of the State of New York. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day above written. T & T and Bowman, LLC BY: Name: Anthony Caruso Title: City of Saratoga Springs By:_ Meg Kelly Mayor Per City Council resolution: 3 STATE OF NEW YORK ) COUNTY OF SARATOGA ) On the day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Caruso, 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 individuals or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SARATOGA ) On the day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared Meg Kelly, 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 she executed the same in her capacity, and that by her signature on the instrument, the individuals or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 4 EXHIBIT A 2.5' Wide Easement To be Granted to the City of Saratoga Springs T&T and Bowman, LLC All that tract or parcel of land situate in the City of Saratoga Springs, Saratoga County, NY, bounded and described as follows: Beginning at a point on the westerly line of Bowman Street at the southeast corner of lands now or formerly of Steven Ethier as recorded in the Saratoga County Clerk's Office in Book 1593 of Deeds, page 516, being the northeasterly corner of the parcel herein described. Thence along the westerly line of Bowman Street, S07°51'00"E, 120.00 feet to a point. Thence along the northerly line of lands now or formerly of Donald Coon as recorded Book 1100 of Deeds, page 224, S82°07'28"W, 2.50 feet to a point. Thence through the lands of the grantor N07°51'00"W, 120.00 feet to a 5/8" iron rod. Thence along the southerly line of lands now or formerly of Steven Ethier, N82°07'28"E, 2.50 feet to the point of beginning. Containing 300 square feet of land.