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Home My WebLink About077713-001• 116IR 72j PAGI 5 04320 EASEMENT i r TOWN OF 1THACA. TOMPKINS COUNTY. NEW YORK i SEWER MAIN PROJECT r PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF MACA j Property Address: 148 Pine Tree Road, Ithaca, New York 14850 • Town of Ithaca Tax Parcel Number: 58.2.8 THIS INDENTURE. mask as of the 27th day of May, 1994 BETWEEN: TODD BROWNE and JANET BROWNE, of 148 Pine Tree Road, Ithaca, New York, 14850, Is • referred to collectively herein as GRANTOR, and the TOWN OF ITHACA, a New York municipal corporation, with offices at 126 Fast Seneca Street, Ithaca, New York 14850, hereinafter called GRANTEE, its successors and assigns, WITNESSF.TH: i WHEREAS, GRANTEE has constructed a system of sanitary sewers or extensions thereof, which by reason of topography and grades in certain locations departs from established highways In order to render proper sewer service to property owners of the Town, WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca, on which the GRANTI?li has constructed a poirtion (is such system and which land tlx: GRANTEE must make use of or occupy for the purposes set forth herein; NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wick and to said GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of lire community and otherwise, and in further consideration of the covenants herein contained and other good and sufficient consideration, receipt whereof is hereby acknowledged, dies hereby grant and convey to said GRANTEF. its successors and assigns forever: A permanent right of way and casement to enter upon, install, construct, operate, maintain, repair, and replace a water distribution pipeline and related facilities or any other municipal facilities as GRANTEE in its discretion may deem necessary or appropriate on the lands of the GRANTOR in accordance with official plans and specifications filed originally at the Office of the Town Clerk of the Town of Ithaca. The width of the easement is twenty feet (20'), and it is located parallel to and along the westerly boundary line of the premises of the GRANTOR, the westerly line of such right of way and easement area REAL [: TATE N MAY 2 7 1994 7RA':SFER7„� Q C� TO!��riN, CCU'; T Y EQER 725 fA6E b CERTIFICATION I156N,C`IL;►S�N •Vo �,j`� x�r'tgp�g . I hereby certify to ................... that I an a licensed land surveyor. N-!s� Y �:r atesia4actual No.049UQ . and that this map corretal) .. survey on the ground cede by me or under a., (!.ract s�p� r.esion; that it was prepared in accordance with I. o (•^'rent cede of practice for land title surveys adopted by thr New York State Associahat I foald no visible tancroachuntsion of seither way across ional Land ,ir•ulrrAytlines except as shown here SIfNED: - DATED: -1994 .��6YST�C 144E �ltss�r RoQ5A� �IofEQ i ;qyOZiG -TR�►J�TY L.U-rNER.►M CNVe.CN '►tllt►l0►uty(RO) `� i� a � R,p,� Gi1/9037- a ai 1• sM O �{��iil �•.� Ic < col ➢910 ' o (sot. Ott n 0 io 10 Ira -4 �f1 In Co IJA ) �• -i in = w r) 0 N In 713ar �u r10 OD C t4 o o N p d o �J .0L v ..N N >oN LW p N L , ��n /� ON NO ppp rl p -II�A� \%�I'� X. f�� 't M v U; � • _ to, WIOtCO�K'iflP OQ;Na �D D �►r rr1 .� r .. 1 O `,�p m ccop }{� r •'� f _ _ N p� O�� 0 N � 0 N 0 ►.l0 1 4a * I e► D D r- cn D �' ij 4 t \ \• so..,..�-.�GI Ok W1RH• R L L I �j � DaaOT04,RDUWKPr N 4 i.o? 1 �•t ..•• . ' ••. 9 AMC eaaes� R w l a,n,a,.� v rJ • 3 S ' k/ Puel-�C MKNW�Y�n+O (�T41V (oaa4T. gF t M ,� •;� 04-0 , o�� P I � E 'T R E. E. R O A L7 0 • r� • 9 1'6iR 723 PA4f being the west line of the premises of the GRANTOR, as shown on the survey map attached hereto and made a pan hereof. The sewer main and appurtenances (and any other facilities) constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, and during the course of tlx construction all equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement area, shall remain the property of and shall be under the control and supervision of the GRANTER. However, 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 casement. Whenever any work is dome on GRANTOR'S premises, it is agreed that 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. If any damage is caused to the GRANTOR'S property, or if such property has not teen properly restored by the GRANTER, the GRANTOR shall give prompt and due notice in writing Io the GRANTEE at the Town of Ithaca Offices at 126 Bast Seneca Street, Ithaca, New York, immediately following any such damage or failure to restore the rroWriv. Prompt notice is required so that the GRANTEE may notify and take action against the GRANTOR, if any, who performed work on the Project. Any action against the GRANTEE for a violation of GRANTEE'S responsibility hereunder 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 fonts: The premises of the GRANTOR are the same premises conveyed to the Grantors by deed from Susan DeWire Hosek and William H. DeWire, Co -Executors of the Estate of Ruth H. DeWire, dated August 21, 1992, recorded August 26, 1992 in the Tompkins County Clerk's Office in I.iber 682 of Deeds at Page 232. To have and to hold the easement herein granted unto the GRANTEE, its successors and assigns forever and the GRANTOR covenants as follows: FIRST: That GRANTEE shall quietly enjoy the said premises. SECOND: That GRANTOR will forever warrant the title to said premises. THIRD: That, in compliance with Section 13 of the Lien law, the GRANTOR will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any pan of the total of the same for any other purpose. This instrument shall bind the parties hereto, their disoibutees, personal representatives, successors and assigns. ma 725 PAGE 8 IN WITNESS WHEREOF. this instrument hats been duly executed by the GRANTOR(S) andlor the holders of the lien referred to above. IN PRESENCE OF: UU BROWNNE STATE OF NEW YORK ) COUNTY OF TOMPKINS )�9AU-IT BROWNS " On 0411 day of May, 1994. before me the subscriber Personally appeared TODD BROWNE and JANET BROWNS, to me known and known to me to be the same persons described in and who executed the within instrument and they duly acknowledged to me that they executed the same. pMp G. GROSSMAN Notary Publi 4341 2Of N�Y� Notary Public Gunlilied :n TOMPkals County Comm:sswn Expires August 31,1 Tompkins ..GooruJo , ....l�� ... � on the . ...` .'....k.N- o►/ Day• in Libor........� at papa .......Q .........Al.... and exanra /a