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Home My WebLink About080303-001• 1 01545 :ii; 746 PA,% 265 DRAINAGE EASEMENT TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Marcy Court Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 44-1-136 *REAL ESTATE MAR 2 TRAWER T,X( I j TOMPKINS COuN;y THIS INDENTURE made as of the 15th day of December 1994. BETWEEN: Teton Associates, Inc. Judd Falls Plaza Judd Falls Road, Suite 31 • Ithaca, New York 14850 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: is 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 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 right-of-way and the approximate location of the center line are shown on the attached map; the center line of the pipe or structure as actually laid 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 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. 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: 1 Of 5 u uli r .746 wt 266 EASEMENT -- Town of Ithaca Water Improvement 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 i 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 i 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: Said easement being a 10 ft. wide strip running generally in a southwesterly course from the westerly side of Marcy Court along the southerly line of lot 51 as shown on a subdivision map entitled, "Deer Run Subdivision - Phase Three - B and Marcy Court Subdivision" filed in the Tompkins County Clerk's Office in Map Drawer Q, Sheet 107, 108 and 109 on January 31, 1992, as depicted on the attached map, being located in the Town of Ithaca, County of Tompkins and State of New York. 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. DRAINMAR.CY/ENGCONTR mb 2 Of S • • • • • t;sia 746 nst 267 TITLE INFORMATION FROM PROPERTY OWNERS 1. rrVIN1ty_ LWIIC1(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.) Teton Associates, Inc. Name, Address 1k Telephone Number: Teton Associates, Inc. , Judd Fall's Plaza, Suite 31, Ithaca, New York 14850 - (607) 272-8119 2• 1_[4I1VLI1L1��1ion and Tax Per rl Num trr Town of Ithaca 44.-1-136 3. Indicate who has possession of any or all of the following (cross out whichever is not applicable): Abstract of Title: Attorney - David A. Yaffee Green 6 Seifter, Attorneys, P.C. feed: One Lincoln Center . Syracuse, New YOrk 13202 Also, give following information as to recording in County Clerk's Office (usually found in front of Deed): Book f_ ' 7 0 I'agc i Date of Recording February 19, 1992 Survey, Map, Sketch: Tract map: Subdivision Plat for Deer Run Subdivision - Phase Three-13 and Marcy Court Subdivision filed in Tompkins Count.y Clerk's Office i Map r- er Q Sheet 107, 108 and 109 on January 31, 1992. 4. Aame Pan ac�c�ress of any person or institution holding a mortgage or mortgages on your property: 5. If you acquired the property by Deed, please fill in the following: Approximate date (give year if you can't remember month): February 17, 1992 From whom purchased: Deer Run Investors, L.P. 6. if you inherited property, please fill in the following: H/A 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. 3 of 5 0 li;s %QEj nst 26b V Z ly EX/S r/NG c, m \ n LOT,oI' 51 \\�o TOWN OF ✓THACA \ TAX PAI?cn- R/O TETO/V ASC. PVC. \ l CH o NPROPS/ Nj PERMANENT EASEMENT FOR DRAINAGE THROUGH THE LANDS OF TAX PARCEL # 44 1 - 136 TOWN OF ITHACA TOMPKINS COUNTY , NEW YORK DATE_ _ SCALE_1'_=Q----- 5 of 5 • • • 0 t • • • i,iii 746 PAST 269 WITNESS: (sign below): Te40111 t Inc. »...... _._._BYT erg._.it'r"e' ..L.S. STATE OF NEW YORK r COUNTY OF TOMPKINS: SS. Onthis ........................ day of ................. ..... _._............ » appeared ,before me, the subscriber. personally 5 �o to me personally known and known to me to be the same person(s) described In and who executed the P�within Instn:ment, and he duly acknowledged to me that he executed the same. .__...._».._ .......................... ............ ....... ........... .» .».._..... NOTARY PUBLIC STATE. OF ................................. COUNTY OF ........ ...................: On this ........................ day of ........................................... 19 , before me, the subscriber, personally appeared 5 to me �personallyknown and known to me to be the same o within iin:ment, and he duly acknowledged to me that he executed thesame.bed in and who executed the __..__................_.........................._..........».._..............»..... NOTARY PUBLIC STATE OF ............................ _... : COUNTY OF ............... .......... : On this ............................ ... day of ......._.._....._..........._.... — 19 , before me, the subscriber, personally t , appeared m the subscribing witness to the foregoing instrument, to me personally (mown, who, being by me duly sworn, did depose and say that he resides at that ho knows said to be the Individual(s) described In, and who executed the foregoing Instrument; that he, the subscribing r„ witness, was present and saw he execute the same; and that he, said � N at the same time subscribed name as witness thereto, r_........_.... .............. ....... ........... .........._............... 40 NOTARY PUBLIC r: C DAMP A. ram, ttsarry fu6aa In w. STATE OF ....N..I �?...Y(IRK......s Otft01hmYork Onondaga Own^ty' f SS. ..11a S4a7etat)a� aM tbrnaisstsru �,I) J i r F COUNTY OF .......................... "f7jjl �I I An. . J. On..........27th Februar ....................... day of _«».«. _ _.._..._Y.»._._..._.._......_.. , 1995 , before me personallycame Edwin A. 11allberq to me personally known who being by me duly sworn did depose and say that he resides at Judd Fa1is Road, Ithaca, NY , that he d tithe President of Teton Associates, Inc. o the corporation described In and which executed the above Instrument; that he knows the seal of said 1�??� corporation; that the seal affixed to said Instrument Is such corporate seal; that it Wept so,affixed by order ��'' �,� +. of -tho Board of Directors of said Corporation, and that he 00c7-1tts�n a thereto/1w order. 'ice) QAao � v r-r- tYYYY A r4�FF*.W N»w n wwr C N., ...,Slic �i.. NArIn .y.7: .iCT..Ion fi.,, ........._..... ... ««»«..........»... NOTARY B 'C « • 4 Of 5 0