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LsER 692 iAa 137
EASEMENT
FOR DRAINAGE AND ACCESS
TOWN OF ITHACA_ TOMPKINS COUNTY. NEW YORK
PROPERTY LOCATION: Tompkins County: Town of Ithaca KKEIVED
PROPERTY ADDRESS: 654-658 Elmira Road REAL ESTATE
JAN 14 1993CI3
TAX PARCEL NUMBER: 33-3-6 and 33-3-7
TRANSFER TAX {'J
DATE: 1 i T^.MP41NS
1992 CGlINTY
THIS INDENTURE, made as of _�L ,. , . „ ,, — i i, — 1992 by and between
' t , having an address at •__ t , , , , � a r. *> Ithaca, New York 14850,
hereinafter referred to as "Grantor," and the TOWN OF ITHACA, a New York Municipal
Corporation having offices at 126 East Seneca Street, Ithaca, New York 14850, hereinafter
referred to as "Grantee," its successors and assigns,
WTTNESSETH:
Grantee is the owner of certain real property and improvements located thereon known
as the Economy Inn and having an address at 658 Elmira Road, Ithaca, New York, tax parcel
number 33-3-7, as well as the real property and improvements located thereon known as the
Wonderland Motel, having an address at 654 Elmira Road, Ithaca, New York, tax parcel number
33-3-6 (collectively, the "Property"); and
WHEREAS, Grantee has authorized the construction and maintenance of facilities for
storm water drainage which may include culverts, open ditches, drainage swales, storm water
drainage pipes, inlets, manholes, erosion control structures and appurtenances to be established
in order to provide proper drainage and storm water management to property owners in the
vicinity of the Property; and
WHEREAS, in order to lay, construct, operate, inspect, maintain, alter, repair, remove,
grade, replace or change the size of a particular portion of such improvements, project or
installation, by reason of topography and grades in certain locations, Grantee must depart from
established highways or other Town of Ithaca property in order to complete the work necessary
or reasonable in connection with said improvements, project or installation;
WHEREAS, Grantee currently owns an easement pertaining to the maintenance and
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I.tlEt 692 i»i 136
repair of a sewer main and sewer lift station located on the Property; and
WHEREAS, Grantee seeks to install on the Property an extension of a drainage culvert
currently located in the highway adjacent to the Property, and more specifically on the portion
of the property identified as tax parcel number 33-3-7 at a location lying southerly and
approximately parallel to the sewer main that is the subject of the aforementioned easement held
by Grantee; and
WHEREAS, Grantee desires to obtain an easement in order to install, maintain and repair
the aforementioned drainage culvert, as well as to obtain access to the existing sewer easement
held by Grantee on the Property; and
WHEREAS, Grantor desires to
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grant to Grantee such an easement.
NOW, THEREFORE, said Grantor, in consideration of the benefits to accrue
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 valuable consideration, the
mutual receipt and legal sufficiency of which are hereby acknowledged, does hereby grant and
convey unto Grantee, its successors and assigns forever:
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a temporary easement over the premises described herein, for the purposes of
ingress and egress, storing equipment and materials, operating equipment and
otherwise occupying the land subject to this temporary easement, in connection i
with, without limitation, the laying out, constructing, operating, maintaining,
altering, grading, repairing and/or replacing of the following municipal
improvements, projects or installations:
a. storm sewer mains, connectors and/or laterals and appurtenant improvements;
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and/or
b. public highway improvements; and/or
C. sanitary sewer mains, connectors and/or laterals and appurtenant improvements;
and/or
d. drainage improvements; and/or
e. other necessary and proper municipal improvements and projects;
TOGETHER WITH a temporary right of ingress and egress over the subject premises
for the purpose of exercising the rights set forth and granted herein;
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' TOGETHER WITH a permanent easement for the use and operation of such municipal
improvements, projects or installations;
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j TOGETHER WITH a permanent right of ingress and egress over the subject premises
for the purpose of exercising the rights set forth and granted in the existing easement held by
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692 ,Aa 139
Grantee pertaining to the maintenance and repair of the sewer located at the Property.
The area to be subject to the easement granted hereby shall be that portion of the
Property as is shown on any survey, construction or engineering map that may be annexed
hereto and made a part hereof, and/or the premises described as follows:
Those easement rights granted hereunder that are expressly temporary in nature shall
expire upon final completion of the work being done on the municipal improvements described
herein or on December 31, 1993, whichever is later.
The grant of rights hereunder is subject to any and all restrictions, reservations,
easements, rights of way and exceptions of record which affect title to the premises subject to
the rights granted hereunder, as set forth in the deed(s) to the Grantor.
During the term of this easement, all equipment, materials, and other property belonging
to the Grantee, its agents or contractors, stored on or located on the easement area, and all other
appurtenances (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 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 rights granted to the Grantee
hereunder. The Grantee will take reasonable steps to restrict its operations to the minimum
feasible area for said easement.
Following completion of the work set forth herein, 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 insofar as such restoration is reasonably
possible. To the greatest extent reasonably possible, and subject to the necessary requirements
of the project being undertaken, the exercise of rights under this temporary easement .shall be
done so as to minimize environmental damage and/or consequences, 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 westing to the Grantee at the Town of Ithaca Offices
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692 �acl 140
4 Additional provisions, deed references, property descriptions rfdesire), and descriptions
of additional facilities are hereinafter set forth:
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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:
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Grantor acknowledges and agrees that the rights granted hereunder pertaining to the
installation, use, repair and maintenance of the drainage facilities on the Property shall also inure
to the benefit of the State of New York as well as to Grantee.
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This instrument shall bind the parties hereto, their distributees, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor and/or
the holders of the lien referred to above.
WITNESS: (sigh below)
�,r<. „1C •� L ���1 `✓ L.S.
W Grantor
L.S.
Witness Grantor
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f'92 ;ALE 141
STATE OF —
COUNTY OF
On this _ day of 19_, before me, the subscriber, personally appeared
- the subscribing witness to the foregoing instrument, to
me personally known, who, being by me duly sworn, did depose and say that _he resides at
and —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 executed the same; and that —he, said
at the same time subscribed name as witness thereto.
Notary Public
STATE OF
ss.:
COUNTY OF
On this day of 199_, before me personally came
to me personally known, who, being by me duly sworn did depose and say
that —he resides at that _he is the _ of
the corporation described in and which executed the above
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/her name thereto by like order.
Notary Public
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tatty 692 FAu 142
TITLE INFORMATION FROM PROPERTY OWNERS
1. Eby Owner (Full Name. If more than one person has an interest in the
property, state his name. Also, state nature of relationship, i.e., husband and wife, or tenants
in common, parent and child, etc.)
Name, Address & Telephone Number:
6;7 4 r 1 m r/jA 1�oAD
1TH'a,CR ) /V.`T. /¢8S0
2. EMVCM r nation and Tax Parcel Number
654 - 65-3 FL,IPA -P-.ap
as - 3 - c. � -13-33 -'7
3. Indicate who has possession of any or all of the following (cross out whichever is not
applicable):
Abstract of Title:
Deed:
Also, give following information as to recording in County Clerks Office (usually found in front
of Deed):
Book 61 S S7o
Page A I I —� q
Date of Recording i 86 `a—
Survey, Map, Sketch:
4. Name and address of any person or institution holding a mortgage or mortgages on your
prop":
3. If you acquired the property by Deed, please fill in the following:
Approximate date (give year if you can't remember month):
From whom purchased:
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6. If you inherited property, please fill in the following:
Approximate date:
From whom:
Was there a Will?
If there was no Will, was an administrator appointed?
The above information will be used by Municipal Officials for the purpose of preparing
or verifying right of way agreements, communications with property owners, etc.
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UEk 692 -ja 144
ANGN
MOTEL
._.._
ECONOMY /NN \Z NON 00
rAX
to 33 -PCE 6
33 P� RCE; 5���
Quo 0 a o 0 0 °�° . ,` EASE'
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0 EXTENSION os A.
\' �`� R W�.L/�N'EriO�
THE ELM/RA RD. lyl N. Y.S. ROUTE 13
PERMANENT EASEMENT
FOR DRAINAGE AND ACCESS
THROUGH THE LANDS OF TAX PARCEL #
33 - 3 - 6 & 33 - 3 7
TOWN OF ITHACA
TOMPKINS COUNTY , NEW YORK
CONST. DWG # 989 w` 5?V I EASEMENT MAP # U
FILE # /9 sg wariL E SFwez— DATE
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usEK 692 ,ALE 145 "
STATE OF NEW YORK :
. u..
COUNTY OF TOMPKINS
On this rI -day s�FC' , 1992, before me, the subscriber, personally appeared
'c 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.
Ferr
TT.r
STATE QF NEVI YCiiK
M 4646 427 Notary P49ic
ti� ki t G/-T(/93
STATE OF
COUNTY OF
On this day of , 199_, before me, the subscriber, personally appeared
1.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
Pk ins �I� oLmCounty, :ti
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