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ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 14-68828
Grantor(Party 1) Grantee (Party 2)
LESSER, WM H ITHACA TOWN OF
Fees Transfer Amt: $0..00
Recording Fee $0.00 Instrument #: 2014-09468
TP-584 Form Fee $0.00
Pages Fee $0.00 Transfer Tax #: 000061
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on August 7th, 2014 at 10:53:21 AM 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
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v
PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this 4 day of `� , 2014 by and
between Wm H & Susan B Lesser, an individual, 406 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 1.08 acres, identified as tax
parcel number 42.4-12.2, 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, 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 Premises, 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; any trees, light-poles, driveway surfacing,
and/or miscellaneous appurtenances encountered during construction or
periodic maintenance, shall be repaired and/or replaced to meet/match its
original condition 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
tax parcel number 42.4-12.2 and to be a 18 foot wide strip of land
with being more particularly bounded and described as follows:
Permanent water easement and right-of-way shall be a 18 foot wide
strip of land (as measured form east to west) parallel to the
centerline of Coddington Rd., situated on TMP#42.-1-12.2.
The above described easement and right-of-way are more
particularly shown on a survey map entitled "Permanent Easement
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406 Coddington Rd." made by Town of Ithaca, dated June 26, 2014,
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 (except for roads, buildings and other structures to be
constructed, used and maintained on or beneath the surface of the Premises in
accordance with permits and approvals issued by Grantee) 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 (except for roads, buildings and other
structures to be constructed, used and maintained on or beneath the surface of the
Premises in accordance with permits and approvals issued by Grantee) 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, except for trees or other plants to be installed and maintained on or
beneath the surface of the Premises in accordance with permits and approvals
issued by Grantee no trees or other plants will be planted or cultivated that may
interfere with the said water easement and right-of-way.
3. Grantor, for itself and all of its successors and assigns, covenants and
agrees that, except to the extent necessary for the construction, use and
maintenance of roads,buildings and other structures on the Premises in accordance
with permits and approvals issued by Grantee, it will not permit or conduct any
mining, excavation, construction or blasting within said water easement and
right-of-way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that, except during the construction or maintenance of roads,buildings and
other structures to be constructed, used and maintained on or beneath the surface
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2014-09468 08/07/2014 10:53:21 AM
of the Premises in accordance with permits and approvals issued by the Grantee, 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:
"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 vbi ,.the aid 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 water 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 water
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. The Town will place the new water main to the greatest extent
practicable in the same location as the existing water main.
IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands
and seals the day and year first above written.
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r
WmSusan B Lesser TOWN OF ITHACA
By: ���- By:
Wm H & Susan B Lesser Herber J. Engman
Supervisor
State of New York )
County of Tompkins ) ss.:
On the day of in the year 2014 before me, the undersigned,
personally appeared Ulm+ Sus' L&n I e-r S 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.
LAUM R%91=
Nary Pula-Sbb of NMYO*
Gu
R" dMW In Schuyler County
Cerllflc b Flied-Tompkins County
Nary Public IDi 01FRO270347
Conuniselon 10-ISMS
State of New York )
County of Tompkins ) ss.
On the day of l in the year 24/ before me, the undersigned,
personally appeared Herbert . 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), o he person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
PAULETTE TERWILLIGER
Notary Public,State of New Yak
No.01TE6156809
Qualified In Tompkins County ]/
Commission Expires December 4,20)
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2014-09468 08/07/2014 10:53:21 AM
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