HomeMy WebLinkAboutSewer-Line-Relocation-AgreementAGREEMENT
This Agreement made this 23rd day of March, 2023, by and between Katie and Geoffrey
Fisher(collectively, “Fisher”), 211 N. Sunset Drive, Ithaca, NY, and David Roberts (“Roberts”), 604 Cayuga
Heights Rd., Ithaca NY, and Robert Scharf (“Scharf”) , 600 Cayuga Heights Rd., Ithaca, NY, (collectively,
the “Parties”) is intended to memorialize the understanding of the parties hereto with regard to the
relocation of a private sewer line, and the eventual amendment of a recorded easement pertaining
thereto, previously recorded with the Tompkins County Clerk’s office at Liber 452 and page 447, a copy
of which is attached hereto and made a part hereof.
WHEREAS, Fisher is the owner of a certain property, commonly known as 211 N. Sunset Drive, Ithaca
NY, on which Fisher intends to construct a single-family residence; and
WHEREAS, said property at 211 N. Sunset Drive, Ithaca NY is the subject of a private sewer easement, as
referred to and more particularly described above, which currently services the properties owned by
Roberts at 604 Cayuga Heights Rd., Ithaca, NY and Scharf at 600 Cayuga Heights Rd., Ithaca, NY; and
WHEREAS, the parties hereto consent to the relocation of that portion of the sewer line that is located
on the property of Fisher at 211 N. Sunset Drive, Ithaca, NY to facilitate the construction of Fisher’s
desired residence on that property and its eventual connection, in addition to the properties of Roberts
and Scharf, to the newly relocated sewer line; and
NOW, THEREFORE, the parties agree as follows:
1) The anticipated work will begin at the end of March, 2023, or as near thereafter as possible.
2) The disruption of sewer services to the properties of Roberts and Scharf should only last a few
hours and all efforts will be made by Fisher, or their agents, to minimize the period during which
services are interrupted.
3) During any period of disruption, the Parties will be unable to use sinks, showers, toilets or other
utilities that will drain into the sewer lines.
4) The Parties will be given notice 48 hours in advance of work being commenced by Fisher or their
agents which will disrupt sewer service to the property of Roberts and Scharf.
5) The newly relocated sewer line will continue service the properties of Roberts and Scharf and
will also service the newly constructed property of Fisher at 211 N. Sunset Drive, Ithaca, NY.
DocuSign Envelope ID: 691CC4BF-7247-4267-B763-B1AB13A54CD9
6) Upon completion of the work to relocate the sewer line and attached the residence constructed
by Fisher, the Parties should notice no change in the functionality of the sewer line or its service.
7) The Parties agree that, once the final location of the relocated sewer line is determined, a
survey will be prepared detailing that location and a new “Easement Agreement” will be
prepared and executed by the Parties for recording in the Tompkins County Clerk’s office. Said
future Easement Agreement shall be binding upon the Parties, their heirs, successors in interest
and assigns, and shall run with the ownership of their respective properties.
8) At all times during the pendency of this Agreement and any future Easement Agreement
executed by the Parties, each individual party shall be responsible for repairing any damage,
obstruction or breach that takes place on their respective property, unless such damage,
obstruction or breach is the result of the specific, identifiable action by another party. If the
damage, obstruction or breach is the result of the specific, identifiable action of another party,
or of an unrelated third party, the party that caused such damage, obstruction or breach shall be
responsible for its timely and proper repair.
9) In the event that any portion of the sewer line is damaged, obstructed or breached, whether by
a party to this Agreement or an unrelated third party, the Parties agree that they shall
cooperate with all reasonable efforts to repair the sewer line and shall not prevent, impede or
otherwise obstruct any reasonable effort to repair the sewer line, and any surface area, to the
condition it was in immediately prior to any such damage, obstruction or breach.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals as of the date first set
forth above.
__________________________________ ________________________________
Katie Fisher David Roberts
__________________________________ ________________________________
Geoffrey Fisher Robert Scharf
DocuSign Envelope ID: 691CC4BF-7247-4267-B763-B1AB13A54CD9