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HomeMy WebLinkAbout2014-09789 ���q,1N5`���.t IIII II I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II II IIIIIIIIIIIIIIIIII 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: EASEMENT Receipt Number: 14-69361 Grantor(Party 1) Grantee (Party 2) GRIGOROV, PETER ITHACA TOWN OF Fees -7:1Transfer Amt: $0.00 Recording Fee $0.00 Instrument #: 2014-09789 Pages Fee $0.00 State Surcharge $0.00 Transfer Tax #: 000114 Total Fees Paid: $0.00 Property located in Town of Ithaca State of New York County of Tompkins Recorded on August 13th, 2014 at 3:31:23 PM with a total page count of 7. e VLx. 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 2014-09789 08/13/2014 03:31:23 PM PERMANENT WATER EASEMENT AND RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE is made this Ih day of ,Jst" 2014 by and between Peter & Sarah Grigorov, individuals, 611 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 Grantors are the owners of a certain parcel of land of 23.98 acres, identified as tax parcel number 52.4-3.1, located in the Town of Ithaca, Tompkins County, New York (the "Premises"). NOW WITNESSETH, that the Grantors, 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 Grantors 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 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 52.4-3.1 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 52.4-3.1. The above described permanent easement and right-of-way are more particularly shown on a map entitled "Easement Map for Water Main Easement 611 Coddington Rd." prepared by Town of Ithaca, 1 2014-09789 08/13/2014 03:31:23 PM dated July 17, 2014, (the "Easement Map"), which Easement Map is attached hereto and incorporated herein by reference. In addition, Grantors hereby convey and grant to the Town and its successors and assigns a temporary, non-exclusive easement (the "Temporary Construction Easement") in, over, across, upon and under the property shown as the "Temporary Construction Easement Area" on the attached and incorporated Easement Map. The Temporary Construction Easement Area shall be a 2 foot wide strip of land (as measured from east to west) running adjacent and parallel to the east side of the permanent easement area. The Temporary Construction Easement Area shall be used solely as a temporary work area for the installation of the Town's 2014 Coddington Road Watermain Reconstruction project. After entry into the Temporary Construction Easement Area for these purposes, the Town will leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry. The Temporary Construction Easement will expire when construction of the Town's Coddington Road Watermain Reconstruction project is completed or on December 31,2014 whichever date is earlier. FURTHER WITNESSETH: That the Grantors covenant and agree 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,Grantors further covenant and agree: 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. 2 2014-09789 08/13/2014 03:31:23 PM 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 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, Grantors 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 permanent right-of-way and 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, 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 3 2014-09789 08/13/2014 03:31:23 PM maintenance shall be repaired and/or replaced as nearly as practicable to their respective conditions before such entry. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seals the day and year first above written. Peter &Sarah Grigorov TOWN OF ITHACA By:4 � tom_ By: [Name] Herber . Engman [Title] Supervisor State of New York ) County of Tompkins ) ss.: On the I I A day of v s in the year 20JY before me, the undersigned, personally appeared c c ✓ ✓av 6v, , personally known to me or proved to me on the basis of satisfac ory 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. lMARY L. RUSSELL Notary Public Notary Public,State of New York Qualified in Tompkins County No.02RU6172956 State of New York ) Commission Expiration Date 08/20/ / County of Tompkins ) ss.: On the —[3 day of in the year 201' before me, the undersigned, personally appeared Herbert J. ngman,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. 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