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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: 16-139441
Grantor (Party 1) Grantee (Party 2)
THERM INCORPORATED ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $0.00 Instrument #: 2016-10851
Pages Fee $0.00
State Surcharge $0.00 Transfer Tax #: 000364
Total Fees Paid: $0.00 Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on September 12th, 2016 at 4:01:15 PM
with a total page count of 8.
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
2016-10851 09/12/2016 04:01:15 PM
PERMANENT STORMWATER AND ACCESS
EASEMENTS AND RIGHTS-OF-WAY
THIS INDENTURE is made this __�_ day of •- 2016 by and
between Therm Incorporated, a New York Corporation with its principal place of
business at 1000 Hudson Street Extension, Ithaca, New York 14851 ("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 41.24+/- acres, identified
as tax parcel number 54.-2-1, 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 stormwater, drainage and/or sediment
control facilities, including ditches, ponds, 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 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:
The portions of the Premises containing the various stormwater
facilities shown on the drawing attached hereto as Exhibit "A", plus 10
feet around each facility.
FURTHER WITNESSETH: That the Grantor further hereby grants and releases
unto the Town, its successors and assigns forever, an EASEMENT and RIGHT-OF-
WAY for access by vehicles, persons and equipment over the Premises shown in
Exhibit "A" (except building interiors), and the paved entrance drive, driveways
and parking areas delineated by cross-hatching, as shown on the drawing
attached hereto as Exhibit "B", for the purpose of accessing the aforementioned
stormwater easement areas.
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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 that explicitly reference
the aforesaid permanent easements) shall be constructed within the aforesaid
permanent easements and rights-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 stormwater,
drainage and/or sediment control facilities, including ditches, ponds, 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 that
explicitly reference the aforesaid permanent easements) shall be constructed or
placed within the aforesaid permanent easements and rights-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 stormwater, drainage and/or sediment control facilities, including
ditches,ponds,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 that explicitly reference the aforesaid permanent easements, no
trees or other plants will be planted or cultivated that may interfere with the said
easements and rights-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 buildings and other improvements on the Premises in accordance
with permits and approvals issued by Grantee that explicitly reference the
aforesaid permanent easements, it will not permit or conduct any mining,
excavation, construction or blasting within said easements and rights-of-way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that, except during the construction or maintenance of buildings,
foundations and other improvements to be constructed, used and maintained on
I H2878130.1 1 2
2016-10851 09/12/2016 04:01:15 PM
or beneath the surface of the Premises in accordance with permits and approvals
issued by the Grantee that explicitly reference the aforesaid permanent easements,
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 these easements, or any rights therein:
"Being the purpose of the said stormwater and access easements and rights-of
way to convey rights to the Town of Ithaca for stormwater, drainage,
sediment control and stormwater management 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 stormwater, drainage and/or sediment control facilities,
including ditches, ponds, 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 easements and rights-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 permanent easements and rights-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 easements and
rights-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 rights-of-way and easements unto the Town, its
successors and assigns forever, it being the intent of the Grantor to have these
easements 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 easements 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.
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AND THE TOWN DOES FURTHER COVENANT that where possible and
where no emergency situation exists (as determined by the sole discretion of the
Town), twenty-four (24) hours advance arrangements as to the time of entry and
an escort shall be made with the Grantor's representative. Grantor shall notify
Town of Grantor's representative who may change from time to time upon
advance written notification to the Town's engineer. Grantor shall also designate
to the Town's engineer in writing one or more back-up representatives in the
event the primary representative is not available.
IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands
and seals the day and year first above written.
THERM INCORPORATED TOWN OF ITHACA
By: G - r �� By:
Robert R. Sprole, III William D. Goodman
President&CEO Supervisor
State of New York )
County of Tompkins ) ss.:
On the CP day of in the year 2016 before me, the undersigned,
personally appeared Robert Sprole, 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.
AUgFubANI LLE MdNeARDS
t1ot�Pu�Ic.Stt�dNerYork
k01ED6154554
Notary Public N�DO°°� i8
Oowhft October 23,2
State of New York )
County of Tompkins ) ss.:
On the day of in the year 2016 before me, the undersigned,
personally appeared William D. Goodman 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)
{H2878130.1} 4
2016-10851 09/12/2016 04:01:15 PM
on the instrument, the individual(s), or the person upon behalf of which the
individua acted,executed the instrument.
Notary Public
TERWI
Pubib�Stere of N��
Na Ott�et
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