Loading...
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. 1'9*4- MANHOLE ' '79'0(D 64RA 1 G' ASPHALT 111 DRIVE S �Af Qt T PIN FOUND 145.0' (P 149-00' S E L 1.0' S OF CfR�NER 00 - 79 5 91 4 K PA B o STONE PATIO AREA= ACRES 0. shed Ai HOUSE & GAR 1487 sf. t "a dO07 ge enve \_.LJ 5. 0 b ildin HOUSE 6.1% F NEW LOT AREA is No. 634 fa Z C' IcA7 75,2.0. 0.8 ;a Ct 7z M 750.0, 7- M Q/y 746.01 PAR�Ck A `77 7480- .0. SS e \ \ r-" Q) M 744.0' • M .0. AREA= 0.452 ACRES A-, 742.0' 740.0, C) Tr ---�------ppr0X- location Q 1061- MANHOLE 20' seam buff note 4. Or­atily easmt. to benefit parcel A 0 e C\ "�6PPROX. (LOCATION OF,1�5ANTI* SEWER 00" ---toD of crk bank , _I NH Se Note 7 SEE 3931543 See Note 5. CEN LINE OF �CE71<_ LINE is CULVERT 2�- S �3'17#37 D PIN FN 0.� 0 3'± SLY & �6F -�14 .7'± ELY 152. PIN FND. AT F C; --Dz± SwLy OF CORNER 0 PIN F N �624*28* E -n 9.6 AT CFO iRD OF _CCftER AARNhVO ALTE1111714ON OF THIS KAP NOT PIN AT C 19 PIPE FND CONFORUM TO SECWN 7209. 00 1.8'± WL� SUBDIVISION Z NEW YORK STATE Y '31 NL & 0.5 NL EDUCAITON LAW ARE PROMMED -0 gr LAW. AU CERT001171DAIS 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