HomeMy WebLinkAbout054885-001L19ER 627 PAm 906 46'19
TOWN OF ITHACA, N.Y.
SANITARY SEWER RIGHT OF WAY
TOWN WIDE SEWER IMPROVEMENT
THIS INDENTURE made this day of , 1987,
between
CORNELL UNIVERSITY of 'l u
referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal
corporation in the County of Tompkins, State of New York,
hereinafter called GRANTEE or TOWN,
I WITNESSETH:
WHEREAS, said Town is about to or has heretofore constructed
a system of sanitary sewers or extensions thereof, which by
reason of topography and grades in certain locations must depart
from established highways in order to render proper sewer service
to property owners of the Town, and
WHEREAS, the Grantor is the owner or has an interest in real
property in said Town where the sewer line or lines must cross or
encroach 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
health 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 Town, its successor and assigns
forever: A permanent right of way to enter upon, construct,
operate, maintain, repair and replace a sanitary sewer pipe line
or pipe lines and appurtenances, and such other facilities
related thereto, across or upon the lands of the Grantor in said
Town, more particularly described below, the center line of which
right of way along which said sewer line and appurtenances has
been or is to be laid shall be substantially as shown on the map
referred to below except that unless specifically otherwise
stated herein, the center line of the pipe as actually laid,
whether laid prior to or after the execution of this grant, shall
be the center line of the right of way.
Together with a temporary easement during the period of
original construction over so much of the Grantor's property as
may be necessary for men, women, and vehicles while the said
sewer main and appurtenances and facilities are being installed,
repaired, maintained, or reconstructed.
The sewer main and appurtenances and any other facilities
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L18ER 627 PAcE 907
• 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 right of way, 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 construction, maintenance,
operation or repair of, or cause injury or damage to, the surer
main or other facilities or appurtenances. The Grantee will
restrict its operations to the minimum feasible width for said
right of way. Whenever any work is done on the Grantor's
premises the Grantee, at no expense to the owner of the premises,
will remove all debris and will restore the land to substantially
the same condition it was in before any such work was done. If
any damage is caused to the Grantor's property or if such
property has not been properiy restored by the urantee, the
Grantor shall give prompt and due notice in writing to the
Grantee at the Town of Ithaca Offices at 126 East Seneca Street,
Ithaca, New York, immediately following any such damage or
failure to restore the property. Notwithstanding the foregoing,
however, Grantee's obligation to restore the property shall be
limited to grading and planting grass. Grantee shall not be
obligated to replace or repair any improvements that may be made
on the easement nor repair or replace' any vegetation other than
grass.
Grantor agrees not to construct any new improvements over
any of the easements granted by this instrument.
• To the extent that easements have been heretofore given to
the Grantee, this instrument shall serve to confirm the continued
existence of said easements. If there is a conflict between the
provisions of any previous easements and this easement, the
provisions of this easement shall govern.
The easements granted herein are all shown on a map entitled
'"Final Plat Proposed Subdivision Lands of Cornell University"
made by Milton A. Greene dated 8/26/86. a cnny of which was filed
in the Tompkins County Clerk's Office on jL"ne ?-la , 1987 in
ilat'l4 t3ox ME(02 . The easements granted by this instrument are
for the benefit of the Grantee, the Grantee's heirs, successors,
legal representatives and. assigns. The easements granted are as
follows:
Easement No. ". Commencing at a point in the boundary
between the Tompkins. County Hospital (reputed owner) and
Cornell University, which point of beginning is at the
intersection of the north line of the existing sewer
easement for, the sewer lines servicing the Tompkins County
Hospital with the westerly line of the premises shown on
said final plat and which point of beginning may be located
approximately as follows: Commencing at a point in the
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USER 627 PACE 908
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center line of New York State Route 96 (Trumansburg Road) at
a point approximately 1,649 feet along said center line
westerly from its intersection with the center line.of Bundy
Road; running thence north 43 degrees 59 minutes west along
the center line of New York State Route 96, 1,144.59 feet to
a point; running thence north 68 degrees 48 minutes east
along the boundary line between the Paleontological Research
Inc. premises (464 Deeds 405) and the Cornell University
premises shown on said final plat a distance of 746 feet to
a point; running thence north 33 degrees 52 minutes west
along an easterly line of the Paleontological Research
premises a distance of 382 feet to a point; running thence
north 69 degrees 9 minutes east approximately 750 feet to
the intersection of said northeast line of said sewer
easement with the south line of the Tompkins County Hospital
property which point is the point of beginning.
Running from said point of beginning southeasterly across
Parcel 4 along the east line of the easement to the Tompkins
County Hospital, exiting the Cornell University property to
the New York Conference of Seventh Day Adventists property
and re-entering the Cornell University property on a south
line of the New York Conference of Seventh Day Adventists
property and continuing to the south line of the Cornell
University property; running thence north 54 degrees 14
minutes east along the southerly line of the Cornell
University property a distance of approximately 22 feet;
running thence northwesterly on a line parallel to and 20
feet from the easterly line of the original easement given
to service the hospital property again exiting the Cornell
property and re-entering the Cornell property at the New
York Conference of Seventh Day Adventists property line and
continuing northwesterly to a point in the northerly line of
the Cornell property and the southerly line of Tompkins
County Hospital; running thence south 69 degrees 9 minutes
west along the boundary line between Tompkins County
Hospital and Cornell University approximately 20 feet to the
point or place of beginning.
It is the intention to describe a 20 foot easement running
parallel to and adjacent to the existing easement for a
sewer line serving the Tompkins County Hospital. The
easement intended to be conveyed by this instrument is
denominated as "20 foot easement" along the existing sewer
line serving the hospital as shown on said subdivision plat
of lands of Cornell University.
Easement No. 2. Beginning at a point at the intersection of
property reputedly owned by Tompkins County Hospital with
the New York State Electric & Gas Corporation property
(formerly Geneva and Ithaca Railroad property) which point
of beginning is approximately 183.44 feet south 86 degrees
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LIBER 627 PAGE 909
• 35 minutes west from a point in the center line of New York
State Route 89 (Taughannock Boulevard); running from said
point of beginning south 21 degrees 55 minutes east along
the westerly line of said New York State Electric & Gas
Corporation property a total distance of 2,141.80 feet to a
point; running thence south 65 degrees 51 minutes west
approximately 20 feet to a point; running thence north 21
degrees 55 minutes west on a line parallel with and 20 feet
distant from the first course above described a distance of
approximately 2,150 feet to a point in the boundary line
between .Tompkins County and Cornell University; running
thence north 86 degrees 35 minutes east along said boundary
line a distance of approximately 23 feet to the point or
place of beginning.
It is the intention to convey a 20 foot easement along the
easterly end of Parcel No. 4 as shown on said subdivision
plat, which easement is shown on said subdivision plat and
denominated "20 foot easement".
Easement No. 3. Commencing at a point in the east line of
New York State Route No. 96 which point of beginning is
360.15 feet north 43 degrees 56 minutes west along the east
line of New York State Route 96 from the intersection of
said east line with the boundary line between Cornell
University parcel shown as Parcel No. 3 on said subdivision
map and premises reputedly owned by Hooton (294 Deeds 310),
• and which point of beginning is a northwesterly corner of
the premises shown as "reserved for future access road" on
said subdivision map; running thence north 50 degrees 4
minutes east along the southerly line of Parcel No. 1 a
distance of 321.76 feet to a point; running thence on a
curve to the right with a radius of 498.26 feet with a chord
distance of 230.24 feet running north 64 degrees 57 minutes
east an arc distance of approximately 232.8 feet to a point;
running thence north 72 degrees east a distance of
approximately 512 feet to the west line of easement No. 1
set forth in this instrument; running thence southerly along
the westerly line of said easement a distance of
approximately 20 feet to a point; running thence south 72
degrees west on a line parallel to and 20 feet distant from
the course running north 72 degrees east previously
described approximately 518 feet to a point; running thence
on a slight curve to the left in an arc 20 feet distant from
and parallel to the arc described above to a point; running
thence south 50 degrees 4 minutes west on a line parallel to
and 20 feet distant from the first course described in this
easement a total distance of 321.76 feet to the east line of
New York State Route 96; running thence north 43 degrees 56
minutes west along the east line of New York State Route 96
approximately 20 feet to the point or place of beginning.
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USER 627 PAGE 910
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It is the intention to describe a 20 foot easement over
Parcel No. 4 adjacent, in part, to the south line of Parcel
No. 1 as shown on said final plat and extended easterly to
the 20 foot easement running north and south adjacent to the
sewer line serving the Tompkins County Hospital. This
easement No. 3 is shown in part on said final subdivision
plat as a "20 foot easement" running along the area
"reserved for future access road".
The easterly 500 feet of this easement may, at the option of
the Grantor, if exercised prior to the actual installation
of any sewer lines, be relocated by the Grantor to such
place or places as may be mutually acceptable to the Grantor
and the Grantee. If the parties are unable to agree on the
relocation said easement shall remain as described in this
document. ,
This instrument shall bind and inure to the benefit of the
parties hereto, their distr.ibutees, personal representatives,
legal successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed
by the Grantor.
CORN�EL UNIVERSITY-'�
By
STATE OF NEW YORK
COUNTY OF TOMPKINS )ss.:
On this +- day of , 1987, before me
e personally camo c,, c to mepersonally
known, who, being y me duly sworn, did depose and say thatg
resides in -Or)t ec, y, , that he is the Vfuf4td-( t?4r 7o
CORNELL UNIVERSITY, thd corporation described in and which
executed the within instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board of
Directors of said corporation; and that he signed his name
thereto by like order.
REAL ESTATE
OJUL 11Q87
,N 7ER T,;X
COUti
Count
R�Corsiod on the .. ..... i( ............ Caof
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page Gig.......... on C On �
Notary Public
SHIRLEY K. EGAN
Notary Public. State of Ne"York
No.4604336. Reg. in TompkMaCOU*
EXJ'.rc, l—ZcS
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