HomeMy WebLinkAbout01.27.2025 634-Highland-Rd_Utility-Easement-Recognition-Agreement-Subdivision-MapUTILITY RIGHT-OF-WAY AND EASEMENT RECOGNITION AGREEMENT
THIS AGREEMENT is made the 13th day of January, 2025 by MICHELE BELOT
and PHILIPP KIRCHER, (hereinafter referred to as "Belot and Kircher") as owners of real
property located in the Village of Cayuga Heights, Town of Ithaca, County of Tompkins and
State of New York (2024 Tax Map Parcel No. 9.-2-1), pursuant to a Warranty Deed from Carmel
L. Lee and Kenneth C. Lee dated August 19, 2022 and record August 22, 1922 in the Tompkins
County Clerk's Office as Instrument No. 20220-09557.
WITNESSETH:
WHEREAS, Belot and Kircher desire to subdivide said real property into two lots
(hereinafter referred to as "PARCEL A" and "PARCEL B") as designated and shown as such
parcels on a subdivision map entitled "Survey Map No. 634 Highland Road, Village of Cayuga
Heights, Tompkins County, New York" prepared by Lee Dresser, L.L.S. No. 050096, of T.G.
Miller, P.C., Engineers and Surveyors, Ithaca, New York, dated November 4, 2024, revised
December 4, 2024 and January 9, 2025 (hereinafter referred to as the "Survey Map"), a copy of
which is intended to be filed in the Tompkins County Clerk's Office concurrently herewith; and
WHEREAS, future utility lines servicing PARCEL A, including those for electric, gas,
water and communication (hereinafter "utility lines") must run over and across PARCEL B; and
WHEREAS, the Village of Cayuga Heights, as a condition of approval of the aforesaid
subdivision, desires to ensure a fitture owner of PARCEL A has the right to construct and
maintain said utility lines over PARCEL B.
NOW, THEREFORE, Belot and Kircher, in consideration of the subdivision approval,
acknowledge and agree as follows:
1. A future Owner of PARCEL A shall, and is hereby granted, a right-of-way and
easement over PARCEL B to enter upon it to lay, construct, operate, maintain, alter, repair, remove
and replace utility lines, together with such appurtenances and parts necessary or desirable for those
purposes, over, upon, and tinder PARCEL B within the limits set forth herein, to provide for
connections to sources located along Highland Road in the Village of Cayuga Heights, Town of
Ithaca, County of Tompkins and State of New York.
2. The Owner of PARCEL A shall be solely responsible for the cost of construction of
said utility lines and any maintenance to or replacement thereof, as well as returning any
disturbed land to its pre -disturbance condition after installation or repair, including restoring the
land after any entry or excavation, and reseeding any disturbed areas.
3. The Owner of PARCEL B shall not build any structures over the easement area
without the written permission of the Owner of PARCEL A, and no trees or other vegetation will
be planted or cultivated in such a way as to interfere with or disturb the utility lines or the future
maintenance thereof. Nothing contained herein shall prevent of the Owner of PARCEL B from
using said easement area for any purpose which does not otherwise affect the use of the utility
lines.
4. The area of the right-of-way and easement shall be as shown on the Survey Map, and
limited to that area, and to within ten (10) feet in width centered on the utility lines once installed
and operational.
5. This Agreement will be referred to in the deeds conveying PARCEL A and PARCEL
6. This Agreement shall be binding upon the Owners of PARCEL A and PARCEL B, and
their respective successors in title, and may only be modified by written agreement between the
Owners of PARCEL A and PARCEL B.
IN WITNESS WHEREOF, this Agreement has been executed for delivery the day and
year first written above.
IN PRESENCE OF:
MICHELE BELOT
PHILIPP KIRCHERh
BY: y
Michele Belot, as his Agent
STATE OF NEW YORK )
) SS..
COUNTY OF TOMPKINS )
On the 13th day of January in the year 2025 before me, the undersigned, a notary public
in and for said state, personally appeared Michele Belot, 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.
DOZY R. CRITTENDEN r(�
Notary Public, State of New York NOTARY PUBLIC
No.02CR4794371
Qualified in Tompkins County
Commission Expires August 31, 2025 2
This subdivision has been reviewed and approved by the NOTES., m \ \ LEGEND
Village of Cayuga Heights Planning Board after a public hearing 1.) HORIZONTAL DATUM OF MAPPING IS PER REF. MAP I VERTICAL DATUM IS
APPROXIMATE NGVD29 PER THE TOMPKINS COUNTY GPS LIDAR DATA.
A -COMPUTED POINT rn
and SEQR determination at its meeting on 12/16/24. 2.) UNDERGROUND UTILITIES NOT LOCATED AT THIS TIME. N m 0
VERIFY ALL UTILITIES PRIOR TO DESIGN OR CONSTRUCTION. N o Z )1(-IRON PIN FOUND
Signed by Fred Cowett, Chairman 3.) DATE OF LAST FIELD WORK = 712512022. -0-IRON PIPE FOUND
4.) Subject to 20' buffer from the to of the intermittent streambanks.
5.) Subject to sanitary sewer easement, width defined as minimum necessary for maintenance. O-UTILITY POLE
6.) Parcel A is subject to Site Plan Review approval by the Village of Cayuga Heights Planning Board -PROPOSED NEW DIVISION LINE
TITLE INFORMATION for oil lot improvements and any new construction. m
MAP REFERENCES:
PARCEL A & PARCEL B 7 Parcel B its subject to proposed underground utility connections to benefit parcel A 1.)"SURVEY MAP No. 634 HIGHLAND
d easement to e provided on the along the south portion of parcel B 10 wide centered on utility line)
MICHELE BELOT & PHILIPP KIRCHER LOT 38 ROAD..." DATED 101312018 ,REVISED
INSTRUMENT No. 2022-09557 SCHWARTZIKALLENBERG (R.O.) 5.0 712812022 BY T.G. MILLER P.C.
2013-05859 2.)"MAP SHOWING LANDS OF MICHAEL
MAP No. 7-4-8.1 D. PINNISI & DONNA HEILWEIL....'
TAX MAP No. 9-2-1 TAX C R N`E 25-0'
ARFA=1.01 ACRES SHED 0
LINE DATED 711211983 BY DENKENBERGER
& GREENE LAST REVISED 91612001.
LOT 39 ON
3. "SURVEY MAP No. 630 HIGHLAND
BRADDOCKIKALAS (R.O.) (p 00 TO P ROAD-- DATED 811911993 BY T.G.
508094-002 0
00' SHEDS
TAX MAP No. 7-4-8.2 MILLER P.C.
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OF CORNER kOT 34 HEREON ARE VALID FOR THIS MAP
IKATHERINE i6ARNA REVOCABLE TRUST (R7) AND COPIES THEREOF ONLY IF SAID
574353-001 - AMP OR COPIES BEAR THE #APRESSION
0 SM OF 7HE LACENSED IAND SLOT 35 TAX MAP No. 9-2-2 AIWOSE 9NnIRE APPEARS HEREON
REVISED
CFC Ue Community Credit Union, Its TITLE:
Principals, Successors and/or Assigns 12/4/2024 added notes 4-6.
Klausner Cook, PLLC GT added notes 7.
CERTIFICATION Taughonnock Abstract, LLC SURVEY MAP 1/9/2025
Alexandre Khopolov
I hereby certify to Irino KhoDolovo
that I am a licensed land surveyor, New York State License NO. 634 HIGHLAND ROAD Y.\Lee's Seol\Lee Seaktif
No.050096, and that this map correctly delineates an T. G. MILLER P.C.
actual survey on the ground mode by me or under my direct
supervision and that I found no visible encroachments either ENGINEERS AND SURVEYORS VILLAGE OF CAYUGA HEIGHTS, TOMPKINS COUNTY, NEW YORK
way across property lines except as shown hereon. 605 WEST STATE STREET, SUITE A
Y.-\l-'. ITHACA, NEW YORK 14850 DATE: SIGNED: DATED: 121412024 TEL (607)272-6477 11/4/20241 S24956 IsCALE: 1 =30