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Home My WebLink About069014-001DRAINAGE EASEMENT TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Lot 30-Deer Run subdivision -Phase Three 170 Whitetail Drive RECEIVED Ithaca, New York 14850 S REAL ESTATE . J U L 18 1991 Town of Ithaca Tax Parcel Number: 40-1-101 TRANSFER AX TOMPINS ♦� COUNTY THIS INDENTURE made as of the �8 day of ATV L Y 19 BETWEEN: Deer Run Investors, L.P. 31 Judd Falls Plaza Judd Falls Road Ithaca, New York 1485.0 referred to as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 126 East Seneca Street, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, the said Municipality has authorized the construction and/or maintenance of facilities for storm water drainage which may include open ditches, drainage swales, storm water drainage pipe, inlets, manholes, erosion control structures and appurtenances which • by reason of the topography and grades in certain locations must depart from established highways in order to render proper drainage and storm water management to property owners in the said Municipality, and WHEREAS, the GRANTOR is the owner of or has an interest in real property where the storm water and drainage facilities 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 of Ithaca, as such Municipality, its successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, maintain, repair and replace drainage and storm water management facilities as are herein described on the lands of the GRANTOR; the width and the location of the easement is shown on the attached map. There is also granted an easement to allow discharge of water from the eastern terminus of the pipe as shown on said map (or as the same may be relocated within the easement area from time to time), said discharge to be permitted over the remainder of the easement area on Lot 30, over the northeast corner of Lot 29, and over the area shown as "Deer Run Subdivision, Phase I, Common Lands" adjacent to the easement lines of Lots 29 and 30, said drainage to be permitted to spread across the "Common Lands" as may be necessary to effect appropriate dispersion of any water flowing through said pipe. Together with a temporary easement during the period of original construction over so much of the owner's property as may be necessary for men and vehicles while the said water main and appurtenances (or any other facilities specifically described below) are being installed, which temporary easement is also shown on the attached map. MER 663 PAGE 190 BASEMENT -- Town of Ithaca Water Improvement 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: The drainage and storm water management 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 right-of-way, subject to the rights and privileges herein granted to the GRANTEE, and (2) the 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 drainage and storm water management facilities or appurtenances. The GRANTEE will restrict its operation to the minimum feasible width for said right-of-way. 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 they were in before such work was done; the GRANTOR shall give prompt notice to the GRANTEE or its agents of any damage to the property or failure to restore the same properly. Such notice must be in writing and must be given promptly in order to enable the Town 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 the GRANTOR's claim is based or within such shorter statutory period as may be applicable. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: Reference is made to the attached map entitled "survey of Lot 30-"Deer Run Subdivision -Phase Three" made by George Schlecht, P.E., • L.S., Dated 7-12-91. This instrument shall bind the parties hereto, their distributess, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(S) and/or the holders of this lien. DRLOT30/ENGCONTR Rev. mb 2 of 4 1� u • P-� "'gE.iRRU1J...'PAA�"fa�E'A l!1uKV rr�( 'KE��R�-ULE� "...t7EER 'RU►J hu6`l7 N th101.1 �'Pl1A'�E `iI+KEE" , �� MAbE " 4f-DRAE 1b4IILE4Kt, T E., L.S• , 'qRt V 9-?-U-(09; XUDAVEV m *f.L.G.O. LE4EMV o Aoe,( mom YtN '!K rm bU1w fb101J MAP •' ® VMVEIK4A0VUV lfill N MARKER /4)kti VAWE/Mlk'tEILVALAIf IV wyAC hut.%E( OE fort �o �" ' ELK Aug AJODV INJ V t0�1�'�0bf, `'C�IR�'`� �•loWa aE t-(t &4 A z0%)Uf%( of --(Om v lm1 &'�mfe of VIEW *Vt K- - -ox Axe ao. 44-1-101 geE)v . L. (Ace / r 3Co NIII't ANN 14\ISIUM Ill I1111, MAI' MINI COMVI1 WHII SkYTWN ; hw GEORGE SCHLECHT �t NI 1\'N()%101 1'1It. NFN 5 KKSIAIt FI It A I I()N I.A%% PROF EBSIONAL ENGINE ER ��jj PROF t SSIONAL LAND SURVEYOR UAEE DNAWN -r�• ZOS E QF NE ly Y SURVI rED '7- lggl eY WELVE SCALE (" • 50� Boa No TA N US. MM4KLgt Latc?MWIt11.1 11`2 huLLEhtiOKb MW OK hAvlalaayy A%V' C. Sc hereby certify to: "(IGov `fr11.E 4umtmlfEE LOMYWY C1 � c that I am a licenscd land surveyor, New York State License No. 049190, and that this map corA•eUy delineates an actual survey on the ground made by me or under my direct r supervision, that it was prepared in accordance with the current code of practice (or land tt + title surveys adopted by the New York State Association of professional Land Surveyors; ar 4 y and that I found no visible encroachments either way across property lines except as Q �� shown hereon. SIGNED:ATED: ?-lZ-l►hrnNEn9ins0 1► 3 O wit 663 192 WITNESS:. (sign below): u . ................. .......... rpm,.) ....... ......... L.S. »..»..».._......»......_..»........ »............»........................................................................................L.S. ........................................................................................ L.S. ........................................................................................ L.S. STATE OF NEW YORK : SS. COUNTY OF TOMPKINS: Q"k On this .....P�,,1,,/IJI�..•� ...»... day of ...».. ...»..»................... A ( before me, the subscriber, personally appeared // %/ to me personally known and known to me to be the same person(s) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. ......."BETTY F. POOLE -NOTARY PUBLIC .............. t . ... .......... ...... .... .$TATE OF NEW YORK oTARY PVBLIc ' 41 # 4646 427 STATEOF ................................. SS. COUNTY OF ............................ Onthis ........................ day of .................................................. 19 , before me, the subscriber, personally appeared to me personally known and known to me to be the same person (s) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. ....................................................... ».......... .......................... NOTARY PUBLIC STATE OF ... ....... »....»........»...: SS. COUNTY OF ... »...... »..............: On this ................................ day of ........................................... 19 , before me, the subscriber, personally appeared the subscribing witnen to the foregoing instrument, to me personally known, who, being by me duly sworn, did depose and say that he resides at that he knows said to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribing witness, was present and saw he execute the same, and that be, said , at the same time subscribed name as witness thereto. ...........»............................._....................»......_................... NOTARY PUBLIC STATE OF....... »»............ ........ : SS. COUNTY OF ..................»..».»: On this .»»..................... »... day of ....... ...»....... �y......................... 19, before Y personally�ee to me known who beingb me duly sworn did and say that he resides at , that he Is the of the corporation described in the above Instrument; that he knows the seal of said corlwraHonz that th ffixe to said I ent is such corporate seal; that it was so affixed by order oils �Q t Dir s tpuf , nand that he signed his name thereto by like order. Of. • ..19%..at...3:.1.0....... o'clock ..... M., Libor .... ......Of .............................. NOTARY PUBLIC ) . at Page.....................and examined. ` l� u C7 •