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Home My WebLink About2014-09330 �t��ijo�� I IIIIIIIIIII VIII IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIII IIIIII IIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 14-68513 Grantor(Party 1) Grantee (Party 2) CONSTABLE, ROBERT L ITHACA TOWN OF Fees Transfer Amt: $0.00 Recording Fee $0.00 Instrument #: 2014-09330 TP-584 Form Fee $0.00 Pages Fee $0.00 Transfer Tax #: 000028 State Surcharge $0.00 Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on August 4th, 2014 at 2:04:00 PM with a total page count of 6. 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 Do Not Detach 2014-09330 08/04/2014 02:04:00 PM PERMANENT WATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this _4_t�day of lluvSt2014 by and between Robert L. Constable, an individual, 343 Coddington Rd., Ithaca, NY 14850 ("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 1.0 acres, identified as tax parcel number 52.-1-2, located in the Town of Ithaca, Tompkins County, New York . (the"Premises"). 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, a permanent EASEMENT and RIGHT-OF-WAY, solely for water supply purposes and no other purpose, 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 permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs with the exception of the hedge in front of the parcel which is not to be damaged, and other obstructions; upon said permanent easement and right of way situate in the Town of Ithaca, County of Tompkins and State of New York, 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 tax parcel number 52.4-2,and to be an 18 foot wide strip of land being more particularly bounded and described as follows: The permanent water easement and right-of-way shall be an 18 foot wide strip of land (as measured from east to west) parallel to the centerline right-of-way of Coddington Rd., situated on tax parcel number 52.4-2. The above described permanent easement and right-of-way are more particularly shown on a map entitled"Permanent Easement For Water Main 343 Coddington Rd."prepared by Town of Ithaca, 1 2014-09330 08/04/2014 02:04:00 PM dated June 26,2014, (the"Easement Map"),which Easement Map is attached hereto and incorporated herein by reference. FURTHER WITNESSETH: That the Grantor covenants and agrees that he/she/they will not construct any buildings or structures 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. That he/she/they will not construct, place or caused to be constructed any building or structure 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. That he/she/they will not plant or cultivate any trees or other plants that may interfere with the said permanent easement and right-of-way. 3. That he/she/they will not conduct and will not grant a permit nor give permission for any mining, excavation, construction or blasting within said permanent easement and right-of-way. 4. That he/she/they 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. That he/she/they will place the following provision in all conveyances of the property or portions thereof covered by this permanent easement, or any rights therein: "Being the purpose of the said permanent water easement and right-of way to convey rights to the Town of Ithaca for water supply 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 2 2014-09330 08/04/2014 02:04:00 PM 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 permanent 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 permanent easement unto the Town, its successors and assigns forever, it being the intent of the Grantor and the Town to have this permanent easement and right-of-way herein expressed run with the land forever, and be permanent and perpetual, and inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. 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; for example trees, light-poles, driveway surfacing, and/or miscellaneous appurtenances encountered during construction or periodic maintenance shall be repaired and/or replaced as nearly as practicable to their respective condition before such entry. The hedge in front of the parcel abutting Coddington Road is not to be damaged. IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. 3 2014-09330 08/04/2014 02:04:00 PM Robert Constable TOWN OF ITHACA By: By: [Name] Ho /, JT'.' En g i an [Title] Supervisor State of New York ) County of Tompkins )ss.:,,//�� On the day of U v S in the year 20/gbefore me, the undersigned, personally appeared kilo c e o-Sl a bltpersonally known tome or proved tome 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. . i2t-- MARY L.RUSSELL Notary Publi Notary Public,State of New York Qualified in Tompkins County No.02RU6172956 Commission Expiration Date 08W State of New York ) County of Tompkins )ss.: `j On the �' day of in the year 20%/before 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), the person upon behalf of which the individual(s) acted, executed the instrumen Notary Public PAULETiE TERWILLIGER Notary Public,State of New York No.01TE6156809 Ouetified in Tompkins County Commission Expires Deosmber 4,20/ 4 2014-09330 08/04/2014 02:04:00 PM Ceor;ng Basedconion MOP and \ Beorin9• C. Engineers \ BY TG Miller . Titled O and surveyors 345 Loddington Rd \ O Survey MaP 1996 clerks Office \ gated July a To(pkins county 0 290491-001 \ O Filed in the \ August 19.1996• Instrument 1 O \ \O O 1 Robert Constable RO 5 1 \ 343 I 1 New Water Main in some I Location as Existing tHedge to be Pr ected I PE 38-05 E 235' PE —�— —�— — — N 39-34 E 1B.1' S 51-55 W 18 PE r PE PE PE 18 Ft Wide Water Main Easement---'N 38-05 W 225' Centerline Loddington Rd Tax Parcel OF IT/,, Through the lands of o� ' Permanent Eosement 52- -1-2 rcc• Town of Ithaca, Q Water Mo�n New York o. June 26. 2014 For Tompkins County, 343 Coddin9ton Rd SC,•LE: 1 � 4O,