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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)
TEREPKA, RAYMOND ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $0.00 Instrument #: 2014-09471
TP-584 Form Fee $0.00
Pages Fee $0.00 Transfer Tax #: 000064
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on August 7th, 2014 at 10:53:24 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
2014-09471 08/07/2014 10:53:24 AM
PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this E day of , 2014 by and
between Raymond Terepka, an individual, 509 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 33.46 acres, identified as
tax parcel number 51.4-1, 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; (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 51.4-1 and to be a 20 foot wide strip of land with
being more particularly bounded and described as follows:
Permanent water easement and right-of-way shall be a 20 foot wide
strip of land (as measured form east to west) parallel the centerline
of Coddington Rd., situated on TMP#51.4-1.
The above described easement and right-of-way are more
particularly shown on a survey map entitled "Permanent Easement
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2014-09471 08/07/2014 10:53:24 AM
509 Coddington Rd."made by Town of Ithaca, dated 13 May 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 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:
'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
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2014-09471 08/07/2014 10:53:24 AM
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. 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.
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: �Z By:
[Name] Herber . Engma
[Title] Supervisor
State of New York )
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2014-09471 08/07/2014 10:53:24 AM
County of T pkins ) ss.:
On the � dayo in the year 20LTbefore me, the undersigned,
personally appeared ',\personally known to me or proved to me on
the basis of satisfactory evidence o 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 instruI..,
ent, the individual(s), or the person upon behalf of which the
individ s d,e e he instrument.
Notary Public; VI cv� �..� Ci.
State of New York )
County of T mpkins ) ss.:
On the day of L in the year 2 before me, the undersigned,
personally appeared Herbert J. Engman,personally know 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.01TE6156809
Qualified In Tompkins County
Commisslon Expires December 4,20
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2014-09471 08/07/2014 10:53:24 AM
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Through the lands of Tax Parcel
F,LE: Permonent Eosement $1•_,_,
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MAY 20 Town of Ithaca,
50g COODINGTON RD Tompkins County, New York �Fw y°P
SCALE.•1
- 80'