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COMP ECE1vC?/FILED WATER MAIN RIGHT OF WAY AND EASEMENT N TY CLMI
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THIS RIGHT OF WAY AND EASEMENT made the � day of March, 2001. by CORNELL
UNIVERSITY. an education corporation chartered by the State of New York, c/o Real Estate
Department, Box DH-Real Estate, Ithaca. New York 14853-2901. hereinafter referred to as the
Grantor to the TOWN OF ITHACA. a municipal corporation organized and existing under the
laws of the State of New York, hereinafter referred to as the Grantee.
WHEREAS. the Grantor is the owner of certain real properly in said Town of Ithaca, which
Property lies a certain water main previously laid thereon, which water main the Grantor herein
desires to acquire,
NOW. THEREFORE. the Grantor, in consideration of ONE AND NO/100 (S 1.00) DOLLARS,
and in further consideration of the covenants herein contained and other good and sufficient
consideration, receipt of which is hereby acknowledged, does hereby grant, release and convey to
the Grantee, its successors and assigns forever:
All right, title and interest in and to the water main and appurtenances and other facilities, the
location of said water main being shown on a map entitled "EASEMENT MAP, PROPOSED 20,
WIDE? WATER MAIN EASEMENT ACROSS LANDS OWNED BY CORNELL
UNIVERSITY. TOWN OF ITHACA AND VILLAGE OF LANSING. TOMPKINS COUNTY.
NY", dated March 3. 107, made by T.G. Miller, P.C., Engineers & Surveyors, a copy of which
has been filed with a Water Main Right of Way Agreement to the Village of Lansing filed on
March ,S, 2WI in the Book of Leeds. Lihcr 898, Page 210. along with a permanent casement and
right of way, twenty (20) feet in width, for maintenance, repair. placements, reconstruction, use
and operation of said water main, together with appurtenances, such as hydrants, valves, ctc..
which casement and right of way shall consist of the premises more particularly described on
Exhibit A attached hereto.
EXCEPTING AND SUBJECT TO all existing rights of way or cascntcros for highway, gas lines,
sewer lines, electric lines, or other utility services, where the same cross the water main right of
way described above to any extent that such other easements, lines, or services do not interfere
with or diminish the use of the right of way and casements granted hereby, for Grantee's exercise
of Grantee's rights hereunder.
RESERVING to the Grantor, its successor and assigns, the right to cross and requires over said
water main, pave, and landscape, as may be necessary or desired, provided that any such use of
the casement area does not interfere with or diminish the use of the right of way and casement or
Grantee's exercise of Grantee's rights hereunder.
During periods of maintenance or reconstruction of the water :Hain and appurtenances, the
Grantee may temporarily exceed the limits of the easement and right of way when necessatryy for
such work, upon the written consent of the Grantor, which shall not unreasonably he withheld.
RECEIVED
S —o
APR E 4 2001
REAL ESTATE
TRANSFER TAX
TOMPKINS COUNTY
4
i
t
ItiL1 902 na 65
EXHIBIT A
20-FOOT-WIDE PERMA.IN'ENT EASEMENT FOR WATER MAIIN
TOWN OF ITHACA
All that tract of parcel of land situate in the Town of Ithaca. County of Tompkins. State of New
York. bounded and described as follows:
Beginning at a point in the corporation line being the division line between the Village of
Lansing on the north and the Town of Ithaca on the south, said point being located N88'25' 11"E
along the corporation line a distance of 1651.42 feet from a point in the present centerline of
Warren Road:
Running thence N88'25' I I "E along the corporation line for a distance of 33.39 feet to a point;
Running thence S54'47' 10"E through the lands of Cornell University for a distance of 55.74 feet
to a point:
Running thence N88' 18' 18"E and continuing through the lands of Cornell University for a
distance of 469.98 feet to a point.
Running thence S00°05'57W and continuing through the lands of Cornell University for a
distance of 460.26 feet to a point:
Running thence N89°45'00" E and continuing through the lands of Cornell University for a
distance of 226.07 feet to a point.
Running thence S00° 15'00" E and continuing through the lands of Cornell University for a
distance of 26.90 feet to a point located in the northerly streetline of Winston Court;
Running thence S85'58'21"W along the northerly streetline of Winston Court for a distance of
20.04 feet to a point;
Running thence NOW 15'00"W through the lands of Cornell University a distance of 8.22 feet to
a point;
Running thence S89045'W'W and continuing through the lands of Cornell University for a
distance of 226.20 feet to a point;
Running thence N00°05'5'r E and continuing through the lands of Cornell University for a
distance of 459,74 feet to a point;
t1att 902 Pnx 66
Any disturbance resulting from Grantee's exercise of Grantee's rights hereunder of the ground
surface. trees. plantings, driveway pavement. utilities. now or in the future, shall be restored as
nearly to their former condition as reasonably possible by the Grantee.
The rights granted hereby shall include the right of reasonable access over the premises of
Grantor from the public road and adjoining said premises to the easement area for the purposes
of exercising the rights granted herein.
Grantor warrants and covenants that no buildings, structures or improvements shall be
constructed or erected within the easement area that may interfere with the exercise of Grantee's
rights hereunder or with Grantee's access to the casement area.
Grantor covenants and warrants to Grantee that Grantor is the owner in fee simple absolute of
title to the property containing the easement area, and such title is not encumbered in any manner
other than usual or customary utility easements, none of which prevent, prohibit or interfere with
either Grantor's grant to Grantee of the rights set forth herein or Grantee's exercise of such
rights. Grantor reserves all rights accruing from Grantor's ownership of fee title to the property
containing the easement area, except to any extent that exercise of such rights and Grantor's use
of such property conflict with the terms of this casement.
Thc terms of this easement shall be interpreted and govemed in accordance with the law of the
State of New York.
It is also agreed that if at any time the Grantor shall desire to build or otherwise make use of its
land on which this easement is located in a way incompatible with this easement, then in that
event, the Grantor may, at Grantor's cost and expense, upon ninety (90) days notice in writing
from Grantor to Grantee, make such changes in the location of the easement on Grantor's
property as Grantor may require, provided that such relocation does not interfere with or
diminish the use c•f the rights of way and casement granted hereby or Grantee's exercise of
Grantee's rights hereunder.
This instrument shall be binding on the panics hereto, and their successors and assigns, and the
rights granted hereby shall run with the land in perpetuity,
IN WITNI?SS WHEREOF, the Grantor hereto has signed this day and year first above written.
CORNELAUNIVERSITY
BYE
John E. M jcro Dir for of Real Estate
t
11111 902 ?Art 67
NEW YORK
§
COUNTY OF TOMPKINS §
On the ��dq of March in the year 2001 before mc, the undersigned,
Personally appeared John E. Majcroni, personally known to me or proved to nic on the basis of
-
satisfactory evidence to he the individual whose name is subscribed to the within instrurnen I and
acknowledged to me that he executed the ownic in his capacity and that by his signature on the
instrument. the individual, or the person upon behalf of which the individual acted, executed the
instrument.
.Notary Public. State of New York
Printed Nam of Notary
CHRMME It. KAM
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