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. 94
AGREEMENT
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THIS AGREEMENT is made this 16 fiday of January, 1989,
between the TOWN OF ITHACA, hereinafter referred to as "Town" and
BETH A. VALENTINE, hereinafter referred to as "Valentine".
WHEREAS, Valentine is the owner of premises located in the
Town of Ithaca, County of Tompkins and State of New York, known
as 110 Warren Road (T.P. #66-2-6); and
WHEREAS, the Town was granted a sanitary sewer easement
encumbering the aforementioned premises by instrument dated
February 28, 1977, recorded in the Tompkins County Clerk's Office
in Liber 557 of Deeds at Page 309 as amended by instrument
recorded in said Clerk's Office in Liber 578 of Deeds at Page
1149, which easement is shown on the attached map entitled
"Survey Map of 110 Warren Road - Lot 92 - Town of Ithaca -
Tompkins County - New York" prepared by Kenneth A. Baker, L.S.
049415 and dated December 19, 1988; and
WHEREAS, the Town on May 28, 1981 issued a building permit
to Frederick and Anna L. Leighton, owners of the aforementioned
premises prior to Valentine pursuant to a request of said prior
owners dated April 30, 1981; and
WHEREAS, said permit related to the building of an addition
to the structure, then existing on the premises which addition
would extend into the aforesaid easement granted to the Town; and
WHEREAS, the Town and Valentine are now desirous of
clarifying certain of their respective rights and obligations
relating to the easement and the addition that extends into the
easement;
NOW THEREFORE, in consideration of the mutual covenants and
agreements therein, Town and Valentine agree as follows:
1. Town shall not require Valentine to remove or demolish
the addition which presently extends into the easement.
2. Valentine, for herself and any successors in interest,
hereby waives any claim of any nature including any claims for
damages, injunctions, losses, or expenses against the Town for
any loss that may occur by reason of the Town doing any work
deemed in the sole discretion of the Town to be necessary,
appropriate or desirable in connection with the easement and the
rights granted thereunder. Without limiting the foregoing,
Valentine and her successors, heirs and assigns, waive any and
all claims for any damage to the building (including the portion
of the building within the easement area and any consequential
damages to any portion of the building lying outside the easement
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area) arising out of any activities of the Town in exercising its
rights in the easement including the right to excavate, to
repair, replace, or enlarge the sewer line in the easement area.
Valentine for herself, her heirs, successor and assigns, hereby
agrees to hold the Town harmless for any such damages to any
portion of the addition located within the easement area and any
portion of the adjacent structure that may be injured as a result
of it being attached to the portion of the addition that is
within the easement area. Notwithstanding the foregoing the Town
shall remain liable for any negligent actions of the Town taken
by the Town outside the easement area in accordance with the
normal rules of municipal liability.
3. The parties further agree that there will be no further
construction of any nature by Valentine, her heirs, successors
and assigns, within the Town's easement area. This provision,
however, does not preclude repairs or maintenance work that may
be necessary on the structure already in place.
4. This agreement shall be binding on the parties, their
respective successors, heirs, legal representatives and assigns.
TOWN OF ITHACA
Beth A. Valentine
STATE OF NEW YORK )
COUNTY OF TOMPKINS)ss.:
On this i day of January, 1989, before me, came Noel
Desch, to me personally known who, being by me duly sworn, did
depose and say that he resides at 132 Updike Road, Ithaca, New
York, and that he is the Supervisor of the Town of Ithaca, who
executed the within instrument, and he acknowledged to me that he
executed the same, and that such execution was on behalf of the
Town of Ithaca and that the To Board of such Town duly
authorized such execution. n ,
_K/
Not y Public
JOHN C. BARNEY
Notary Public, State of New York
No. 66-0166985
Oualdied in Tompkins County
Tetra Expires SAntemhor an +
UIER 643 Put 616
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
On this 3o lK day of January, 1989, before me the subscriber
personally appeared BETH A. VALENTINE to me known and known to me
to be the same person described in and who executed the within
instrument and she duly acknowledged to Lethat she executed the
same. -
otary Pub c
JEAN M. COOKINGHAM
Notary Public, State of New Yo*
No.4790144
Guelifiied in Tompkins County
Commiuior► Expires May 81,
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