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Home My WebLink About2015-12425 ��'�� IIIIIIII II I II II I IIIIIIIII II III(I VIII IIIIIII�IIIIIIIIII Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 15-105473 Grantor(Party 1) Grantee (Party 2) SCHASSBURGER, RONALD M ITHACA TOWN OF Fees Transfer Amt: $0.00 Recording Fee $0.00 Instrument #: 2015-12425 TP-584 Form Fee $0.00 Transfer Tax #: 000496 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 October 15th, 2015 at 1:04:51 PM with a total page count of 4. `1 1 �'- 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 2015-12425 10/15/2015 01:04:51 PM TEMPORARY EASEMENT y TOWN OF ITHACA PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 798 Elm St Ext Ithaca NY 14850 Town of Ithaca Tax Parcel Number:28.-1-30 / THIS INDENTURE made as of the day of O�OOfr 201,x, BETWEEN: Ronald M Schassburger referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga, Ithaca,New York,hereinafter called GRANTEE,its successors and assigns, WITNESSETH: WHEREAS,GRANTEE has a temporary easement for the repair of a highway culvert pipe. The length of the easement will be one(1)Year from the signing date. WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the Culvert crosses or encroachs upon private property for the above reasons; NOW,THEREFORE,said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health,benefit and welfare of the community,and otherwise,and in further consideration of the covenants herein contained and other good and sufficient consideration,receipt whereof is hereby acknowledged,does hereby grant and convey to said GRANTEE,its successors: A temporary easement to enter upon for the purpose of repairs to existing highway culvert,including establishment of an temporary access road to culvert pipe,removal of trees,and materials storage,across or upon the lands of the GRANTOR in the Town of Ithaca. The Town will restore the easement area(s)by grading the slope,seeding the area,and restoring area to its original condition. -Any tree(s)removed during the repair of the highway culvert pipe will be replaced with a cumulative equivalent tree caliper,(value and tree species shall be reviewed and approved by GRANTOR) and to be placed at an agreed upon area(s)within the limit of disturbance of the project. -Trimming of trees deemed`excessive' by Grantor shall be removed and replaced as outlined above. GRANTOR will be consulted on all potential impacts to their property prior to implementation by GRANTEE,its agents or contractors. The width of the easement and the approximate location are shown on the attached map C-1, dated 3/23/2015; Revision 1 dated 9/8/2015, titled, "Elm Street Extension Storm Culvert Rehabilitation." Access on the northern most easement area will be limited to`foot traffic'and hand-tools only. No large equipment access permitted. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s)of the easement granted hereby: lien All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas or any other facilities constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but the GRANTOR(1) reserves the underlying fee title to said property covered by said easement, subject to the rights and privileges herein granted to the GRANTEE, and(2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to facilities for the duration of this easement. Whenever any work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed;the premises will be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably possible If any damage is caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca, New York, immediately following any such damage or failure to restore the property. Such notice 2015-12425 10/15/2015 01:04:51 PM must be in writing and must be given promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any who performed the work on the Project. Any action against the Town must be commenced within two years from the happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. EASEMENT--Town of Ithaca This instrument shall bind the parties hereto,their distributes,personal representatives,heirs,successors and assigns. IN WITNESS WHEREOF,this instrument has been duly executed by the GRANTOR(s)and/or the holders of this lien. OWNER(s)NAME OWNER(s)SIGNATURE L.S. L.S. L.S. State of New York,County of Tompkins SS: On the 'day of Alt Q�� in the year dD/S before me,the undersigned,personally appeared. �t"nasd M, Schassburye Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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 PASTC. . Nptary Public-State of r.:-- .- -A.� Cot0— QWYBed 1n Scyvyler G_-:. NOTARY PUBLIC court ata Filed-Tompkins ID#01 PA6270347 TOWN OF ITHACA COpgNatbft M pkw.10-15.2016 BY . � SIG URE State of New York,County of Tompkins SS: On the 1j day of CV in the yearn before me,the undersigned,personally appeared. �I'C6&4 :�_ i5� 0-9 a2s'q �n. - Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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 pe o u behalf of which the individual(s) acted,executed the instrument. NOTARY PUBLIC PAULETTE TERWILLIGER Notary Public,State of New York No.OITE6156809 Qualified M Tompkins County Commission Expires December 4.20_ REVISION 1: 10/08/2015