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SANITARY SEWER EASEMENT MODIFICATION AGREEMENT 0✓n�'y
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PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 1024 Hanshaw Road o
Ithaca, New York 14850
Town of Ithaca Tax Parcel Number: 71-1-65
THIS INDENTURE, made as of the ffdy,r. ✓ . 2001, _ K
BETWEEN:
KLAUS and CHRISTA-MARIA BEYENBACH, referred to herein collectively as GRANTOR,
and
The TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca,
New York, hereinafter called GRANTEE, its successors and assigns.
WITNESSETH:
WHEREAS, GRANTEE has an casement for the installation and maintenance of a
sanitary sewer transmission, collection and service lateral pipes and appurtenances by virtue of
1lanshaw Road Sewer District. Town of Ithaca Sanitary Sewer Right of Way Agreement between
Francis O. Underwood and Erma H. Underwood, dated July 25, 1959, a copy of which
instrument was recorded in the Tompkins County Clerk's Office in Book 419 of Deeds at page
199;and
WHEREAS, GRANTOR herein is the successor in title to a portion of the property
covered by said casement from Underwood; and
WHEREAS, the parties wish to modify such easement to clarify the respective rights and
obligations of the parties and to create certain new obligations and rights of the parties;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth the
parties hereby confirm the granting of said easement subject to the modifications and provisions
set forth herein as follows:
1. GRANTOR hereby conveys and grants to the GRANTEE, its heirs, successors and
assigns a permanent easement as shown on the attached map dated 3/23/01, for the
purpose of entering upon, constructing, operating, maintaining, repairing and replacing
sanitary sewer collection, transmission and service lateral pipes and appurtenances, or
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WR 909 PacE 241
such other facilities as are herein described, across or upon the lands of the GRANTOR in
the Town of Ithaca, within the boundaries of said easement . In accordance with official
plans and specifications filed in the office of the Town Clerk of the Town of Ithaca, the
width of the casement and approximate location of the center line arc shown on the
attached map; if the width of the casement is not shown on the attached map, the width of
the casement shall Nc 20 feet; unless otherwise shown on said map or unless otherwise
stated herein, the center line of the sanitary sewer pipe as actually laid shall be the center
line of the casement.
2. All equipment, materials, and other property belonging to the GRANTEE, its agents or
contractors, stored on or located on the casement area, and the sewer pipes and
appurtenances (and any other facilities) constructed on said premises shall remain the
property of and shall he under the control and supervision of the GRANTEE. but the
GRANTOR reserves 11► the underlying fee title to said property covered by said
casement, subject to the rights and privileges herein granted to the GRANTEE, and (2)
the right to use and enjoy said premises. provided that such use shall not interfere with the
rights granted to the GRANTEE hereunder or with the construction, maintenance,
operation or repair of the sanitary sewer pipes or other facilities or appurtenances within
the casement, and shall not cause injury or damage thereto. ,
3. Whenever any work is done on the GRANTOR'S premises by GRANTEE or its agents, it
is agreed that, without expense to the owner, all dchris (including stumps, cut trees,
shrubs and vegetation) shall he removed and the premises shall he restored as set forth
herein and to substantially the same condition they were in before any such work was
done, insofar as such restoration is reasonably possible. GRANTEE shall not be required
to restore or replace any improvements, other than pavement or other driveway surface,
that may have been placed on the casement area by GRANTOR. GRANTOR'S heirs,
successors, or assigns, after the execution of this Easement Modification Agreement.
4. With regard to the sewer rehabilitation project contemplated to he undertaken by
GRANTEE within the casement area, in the year 2001 and until completion thereof,
GRANTEE agrees to replace any mature trees or shrubs removed by GRANTEE or its
agents with at least an equal number of new trees or shrubs to be planted elsewhere on
GRANTOR's property substantially adjacent to the easement area, in accordance with a
landscaping plan to be developed and implemented by the Town's Parks Maintenance
Manager, in consultation with the GRANTOR, it being understood that replacement
plantings will not be the same size as vegetation that has been removed. Any stumps
created by GRANTEE's cutting of trees within the casement area shall be removed by
GRANTEE..
S. Except as otherwise provided for herein, after any operations performed within the
casement by the GRANTEE or its agents, any disturbed area, including the so-called
"access path" described below, shall be regraded and restored to an even surface, and
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KEVEN J & DEBORAH
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EXiST1 SEWER
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PERMANENT EASEMENTS
FOR SANITARY SEWER MAIN
THROUGH THE LANDS OF
TAX PARCEL • 71.-1-65
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
FILE:1024 HANSHAW RD.
SCALE Not to Scale DATE: 3/23/01
110 969 PASE 243
shall be reseeded with grass and mulched.
6. GRANTEE agrees that generally mowing within the easement area shall occur once a
year, and that there shall he no regular mowing of the cattail plants growing in the
wetland areas traversed by the casement, beyond the width of the "access path" described
below. Nothing herein shall preclude GRANTEE from mowing more frequently if
GRANTEE reasonably determines that such mowing is necessary for the operation,
maintenance. repair, replacement or protection of the casement area or any sanitary sewer
lines.
7. GRANTEE agrees that the so-called "access path" intended to be constructed within the
casement to provide access for maintenance of the sewer line, when completed, shall not
exceed ten (10) feet in width and shall not protrude above existing grade by more than
one (1) foot; the edges thereof shall be gently sloped; and at least three (3) pipes with a
diameter of at least four inches shall be installed beneath said access path to carry water
from springs located above said path on GRANTOR's property.
8. 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
writing to the GRANTEE at the Towro of Ithaca offices at 215 North Tioga Street. Ithaca,
New fork, within 60 days following any such damage or failure to restore the property.
Such notice must be in writing and must be given in order to emahlc the Town of Ithaca to
notify the Town Engineer and the Contractor, if any, who performed the work on the
premises. The GRANTEE shall take corrective action, if warranted and if reasonably
possible, within 60 days of receipt of such notice. Any action against the Town must be
commenced within two years from the happening of the event upon which GRANTOR'S
claim is based or within such shorter statutory period as may be applicable.
9. This casement is intended to modify the existing casement pertaining to the sewer line
shown on the attached map. Upon recording of this casement agreement, it shall be
deemed to supercedc such prior easement and henceforth the parties shall be governed
exclusively by the terms of this casement agreement.
10. GRANTEE agrees to remove the existing tree house on the trees that arc in the sewer line
right of way using reasonable care, and to place the tree house structure on blocks at a
temporary location designated by GRANTOR, within 50 feet of the casement area. If
said location is outside the casement. GRANTOR hereby grants permission for
GRANTEE to cross GRANTOR's other property for the purpose of moving the tree
house structure to the temporary location.
IL GRANTEE agrees to pay to GRANTOR the sum of $750.00 towards the cost of
GRANTOR's relocation and/or reinstallation of said tree house in such location as may.
be chosen by the GRANTOR, provided, however, that such tree house will not be
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relocated anywhere over the sanitary sewer line installed pursuant to this easement and
the prior easement, or within ten feet of said sewer line. Notwithstanding the foregoing,
if the cost of re -erecting said tree house is less than $750.00, GRANTEE'S obligation
hereunder shall be to pay only the actual cost. Said amount shall be paid by GRANTEE
to GRANTOR within thirty (30) days of receipt by GRANTEE of invoices for the
reinstallatioNcrection and an opportunity for GRANTEE'S representatives to confirm the
re -erection of said tree house. GRANTEE by making the payment hereunder, and by
confirming that the tree house has been re -erected, assumes no liability or responsibility
for the safety, sturdiness, or quality of the construction related to such reinstallation or re -
erection, or with respect to the safety, sturdiness or quality of the tree house itself.
12. GRANTOR will assume full responsibility for the tree house as reinstalled or re -erected.
Without limiting the foregoing. GRANTOR will assume full responsibility for assuring
that the tree house is in a usable and safe condition after it has been removed from its
present location by GRANTEE'S work forces. GRANTOR agrees further to indemnify
and hold GRANTEE harmless from any and all claims of any nature arising out of the
condition, use, reinstallation, construction, and erection of the tree house in such other
location as well as with respect to any claims that may arise out of the use of said tree
house after removal by GRANTEE. The indemnification provided for in this paragraph
includes indemnification against any losses that the Town may incur by reason of the
matters set forth above, including any costs the Town may incur in defending any such
claims which also includes any expert fees, attorneys' fees, or other litigation expenses.
13. This instrument shall bind the parties hereto, their distributces, personal representatives,
heirs, successors and assigns, and is the joint obligation of GRANTOR.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR
and the GRANTEE.
S RF,CEIV ED
JUL 1 3 2001 N
REAL CSTATE �
TRANSFERTAX t"h
TOMPKINS COUNTY
-4-
Klaus Beyenbach J
Christa-Maria Bcyenbach
TOWN OF ITHACA
Mary Russeir Deputy Supervisor
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ow 909 PAct 245
STATE OF NEW YORK
COUNTY OF TOMPKINS ss:
On the & d y of Vy�� in the year 2(X)I. before me, the undersigned,
personally appeared Klaus Beycnbach and Christa-Maria Beycnhach personally known to me or
proved to me on the basis of satisfactory evidence to be the individuals whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
capacities, and that by their signatures on the instrument, the individuals, or the person upon
behalf of which the individuals acted, executed the instrument.
Notary Public
0*406*
O"If inUp
Como""" Esgr
STATE OF NEW YORK
COUNTY OF TOMPKINS ss:
On the /� day of Y t. i f in the year 2001. before me, the undersigned,
personally appeared Mary Russell personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument, the individual. or the person upon behalf of which the individual acted, executed the
instrument.
N ary Public
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