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Home My WebLink About2013-03808 ��c�a IIIIII I III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: DEED MISC Receipt Number: 13-21778 Grantor(Party 1) Grantee (Party 2) BOWMAN, LAWRENCE M ITHACA TOWN OF Fees Consideration: $0.00 Recording Fee $0.00 Instrument #: 2013-03808 Pages Fee $0.00 State Surcharge $0.00 Property located in Town of Ithaca Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on March 25th, 2013 at 12:16:58 PM with a total page count of 6. e rLx, Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York MR Do Not Detach 2013-03808 03/25/2013 12:16:58 PM PERMANENT WATER EASEMENT AND RIGHT-OF-WAY � THIS IND NT R is made this Y da of 4&V64 2013 by and between . , an individual, 1477 Peruville Rd., Freeville NY 13068 ("Grantor"), and the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town"). The Grantor is the owner of a certain parcel of land of 1.35 acres, identified as tax parcel number 39.-1-4, located in the Town of Ithaca, Tompkins County, New York. NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant,remise, relinquish and release unto the Town, its successors and assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, being part of TMP#39.-1-4 and to be a 10 foot wide strip of land with its centerline being more particularly bounded and described as follows: A centerline running north/south, offset 5 ft. and parallel to the existing western most right-of-way of Danby Rd. (S.R. 96B), situated on TMP#39.-1-4 The above described lands intended to be a 10 foot wide strip of lands centered 5 feet on either side of the above described centerline of easement. 1 2013-03808 03/25/2013 12:16:58 PM The above described easement and right-of-way are more particularly shown on a survey map entitled "1010 Danby Road, Permanent Easement for 8" Watermain Through the Lands of Tax Parcel 39.-1-4", made by the Town of Ithaca, dated 01/14/2013, a copy of which map is intended to be filed concurrently herein. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures shall be constructed within the aforesaid permanent easement and right-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove,replace or change the size of any water mains, laterals, collectors, lines and pipes,and other and related appurtenances and devices. AND,Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures shall be constructed or placed within the aforesaid permanent easement and right-of-way which will in any way interfere with complete access by the Town,its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction or blasting within said easement and right-of-way. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein: 2 2013-03808 03/25/2013 12:16:58 PM "Being the purpose of the said water easement and right-of way to convey rights to the Town of Ithaca for water purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below-described permanent easement and right-of-way, and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in a permanent easement and right-of-way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed." AND FURTHER, Grantor and the Town acknowledge that the easement and right-of-way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that Grantee will at all times, when it enters the Premises for any purpose related to the permanent easement as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry. IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. [GRANTOR'S NAME] TOWN OF ITHACA By. 1 ocX~ BvJ_�/� [Name] Herbe . Engman [Title] Supervisor 3 2013-03808 03/25/2013 12:16:58 PM State of New York ) County of Tompkins )ss.: On the JS'�h day of Jgardu in the year 20L3 before me, the undersigned, personally appearedLwrence m-dowxan 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. LAURA PASTORE Public-State of New York tary Public OuaiMed In Schuyler County Certificate Filed-Tompkins County IN 01PASV0347 Commission RWIM:104sme State of New York ) County of Tompkins )ss.: On the /� day of in the year 2ebefore me, the undersigned, personally appeared Herbert J.Engman,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 PAULETTE TERWILLIGER Notary Public,State of New York No.01 TE6156809 Qualified In Tompkins Count Commission Expires December 4,20X 4 2013-03808 03/25/2013 12:16:58 PM i I � I ' I I Iwo I Ix 'd L ,41VL95 N/F ';o fiI BDlyM,1N, IVW?TIN L _ I fi IDI z = C7 PROPOSED 8 INCH WATERMAIN I `D ` AND 10 FT.WIDE EASEMENT 0 I O I 1 EXISTING WATERMAIN TO BE ABANDONED. _ } } EXISTING 10 FT.WIDE EASEMENT TO BE MODIFIED ' I I I AS SHOWN. _ I lin � • MODIFIED 10 FT.WIDE EASEMENT (TYP.) DANBY ROAD — N . Y . S . ROUTE 96B Z 0 1010 DANBY ROAD PERMANENT EASEMENT FOR 8 " WATERMAIN THROUGH THE LANDS OF TAX PARCEL 39 . - 1 - 4 TOWN OF ITHACA WATER SYSTEM TOMPKINS COUNTY , NEW YORK FILE: DANBY WATER MAIN REPLACEMENT SCALE: 1 " = 30 ' DATE: 01/14 /2013