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Home My WebLink About100186-001.nx.x >fK+Sa.•+nrm.Vi4Mrs.v«m+w,..x .� � n.. w.ro .... -.... , ry ....n... n. n.a. r ,.. ,..- t.. _.� a .tea ..�.. ., >N -t. +_v .. n« .; w4�. ta^§ p JQWN a rMAC_A SANITARY SIRMER Fa Sf: Ra�nrr ti8{R St ma 348 RCC `V 11FIi.KQ PROPERTY LOCATION; TOMPKINS COUNTY: TOWN OF ITHACA • t1 ftia2tl fit! 9: 15 PropertyAddress: M6Ihembaw Road Hhmik NY 14g50 To -Of ht- Tax P,ucel Number: 71--1-U.2 'If's INDENTURE made as of We 1!-14day of ,-tuA,, 2MI, BETWEEN: Bernard A. flutehmx and hnyning M, Hakluns, refcrted to herem as the OWNERS. and the TOWN OF ITHACA, a Municipal corporation with offices�at 215 North Two Street. khma. New Yak hennnafter called the TOWN, its successors and assigns. WITNESSE1Ti: WHEREAS. the TOWN Iran previously (circa 1959) instated: and is currently Op,raling a system of sanitary sewer transmission collection. and service lateral pipets) and appurunaruas, which cross Ptivate Property belonging to the OWNERS, said operations under an agreement between the TOWN and Herbert and Francis Bruckner (owners Prior to Hutchins). dated April 25. 1959, said agreement bei its found in need of clarification and update, and WHEREAS. the parties wish to clarify die respectivt lights and obligations of the Parties, and WHEREAS, the TOWN is currently in the process of Planning necessary repairs to the sewer facilities across the OWNERS property, to include the removal of sonic trees, and the construction of a gravel access road over the sewer tin,; 1 4 NOW. THEREFORE, said OWNERS in consideration of the items listed in Schedule A. do hereby pant and convey to the TOWN, its wctessors and assigns forever. A permanent easement to enter upon, operate, maintain. repair and replace sanitary sewer collation, transmission v and service lateral pipe(s) and appurtenances, along with a 10 foot wide gravel stabilized service access over the sewer main as are herein described across or upon the lands of the OWNERS in tM Town of Ithaca in accordance with official plans and specifications enuded CONSTItUCfR)N DItAWING5. TOWN OF ITHAc'A, rmACA, UY, HANSHAW ROAD SAMTARY SEWER REHABfUTATTON", dated February 2. 201H. filed originally at the office of the Town Clerk Of the Town of Ithaca. The width of the easement shall be 20 feet total centered above the sanuary sewer pipe as actualty lard: subject to ItmuatiOnS the and privileges as specified in Schedule A. The TOWN has the right to remove existing vegetation (including shrubs and large trees) from a portion of the casement as specified in Schedule A, and to maintain vegelatum at a how level fe.g., by uxrwmg) in cases where satisfactory clearance is nit part of thr.ordmary backyard maintenance being done by the OWNERS. i All eyuipmem, min nwk nWeruls, and other r ' P Y belonging to dr, TOWN. its agents a contractsrs. coed on or located on the c r easement area and the sewer pipets) and appinumances for any Other facilities) constructed on said pretnues shall remain the property of and shall be under the control and supervision of the TOWN, except that abandoned items left on the surface (except for manhole st runes and covers) will be subject to existing statutory laws with regard to time limits and disposition.. The OWNERS (1) reserve the underlying fee tide to said property covered by said casement, subject to the tights and privileges heron granted to the TOWN. and (2) the OWNERS reserve the tight to use and enjoy said premises provided that such -use "I not interfere with die rights granted to the TOWN. the OWNERS will not knowingly cause injury or damage to. the sanitary sewer pipe(s) or other facihues or appurtenances. Whenever any work, is done on the prorvity of the OWNERS. it is agreed that• without expense to the OWNERS, debris all will be removed, or may be left, according to the wishes of the OWNERS, and the prenuses will be restored to substantially the same rondiuon it was to before any such wort: was done, or left in dui altered state requested by the OWNERS that is agreeable to the TOWN. Insofar as such work is reasonably possible, The TOWN shall not he regnured to restore or replace any improvements.. otter than pavement or other driveway surfaces. ditches and culverts. and perimeter fences, thai may have been placed on the easement area by the OWNERS, or the heirs, successors. or assigns of the OWNERS. If any damage is caused to the OWNERS' property, in if such property has not been property restored by the TOWN. the OWNERS shall give prompt and due novice in wnto to the TOWN. at the Town of Ithaca Offices at 215 North Tio Str a ct Ithaca, NwYrmoMk dfwin any such dartu a Or facture to restive the Property. Any action against the Town must be commenced within two years from the happening of the event upon which OWNERS claim is hased. Ibis easement is intended to replace the existing agreement (1959, Bruckner). Upson recording of this easement it shall be deemed to supersede any prior agreements and henceforth the parties shall be governed exclusively by the terms of this easement agreement r t y i16fr1 31,# p��t 349 EASEMENT -- Town of Ithaca Sanitary Sewer - Tax Parcel 71:4.68 ? f . l SCIf1Al'I,E A. Considerations to 0\VtiF:RS The following refer to the panics and propotims described above: (1) The OWNERS at 1016 I lanshaw Rd. and the owners at 1018 Ifi nshaw Rd. have the right to have their home xannary sewer laterals t r rrntam connected in the scucr maincrosgng the property of the OWNI:RS. as the fatetats currrnily arc connected, or in wine similar convenient manner. (The lateral from 10IS Ilanshaw Rd crosses the property (if the OWNERS). The TOWN agrees that if in the process or - - - repairing the sewer main it is found necessary to also repair individual laterals. fhat the repairs will be lobe by the TOWN at the time of the sewer refining protect or at thc time of any other sewet tnainlcnancc project. at the expense of the TOWN. t 2 1 In all opci atrons by the TOWN in the casement area. natural nwrnals of a vegetable or mineral nature that need to be moved win he left on the poi pent' of the OWNERS or removed front the property of the OWNERS according to the wishes of, and at the reasonable direction of the OW HERS Any natural materials brought by the TOWN in the property Of the OWNERS of a vegetable nature je.g.. replacement ltKs and shruhv r or of a mineral nature 1C pro y € ,gravel fills wrp Fieaimcihe o tt of the OWNERS. l 13) There evrsts a snail ditch or surface flow that is the result of a virtually permanent seepage from the bank just north Of the house at 1018 Ifanshaw Rd., with said flow running northward to Renwick flroiok, toughly parallel to. and approximately 50 feet west of the east properly j line of the OWNERS. At the point where this flow rrinses the proposed gravel access road proposed by the TOWN. the TOWN agrees to construct and maintain a suitable pipe Air culvert for the stream. (4) If it is the desire of the OWNERS that any gravel access road that is to he consulicled not be subsequently covered with topsoil and seeded to grass, the TOWN will leave the gravel surface as is. (5) (a)Tile TOWN agrees to provide full proof of liability and workmen's compensation insurance fir all pawns who inter atuhlor work on the property of the OWNERS. Such proofs will be to provided prior entry onto the property of the OWNERS. (b) The TOWN assumes • - liability for any and all adverse consequences that may result from the use of dangerous Air faulty equipment. or for haranimc; matctals iniludmg, but not hmrtrd to ast+cstus, pfastrc pipes. and scaling chemicals, (e) The TOWN recoginows that during the file it is actually working on the property of the Owners that an increased harden of liability may exist fax an attractive nuisance and otlterwise) on he OWNp.RS !hiring such wlrksessrons, and fir a pened of 72 hours after any such work session ends. the TOWN assumes pnnnuy liability ' and indemnities the OWNERS. for injuries to any person lothrer titan the OWNERS Ar ptMins invited by the t1WNERSI, who enters the property of the OWNERS ftrr business with like workers. or its a treep&%-wf who enters out of conosity. (6) As sated above. the rasemrnt has a width of Twenty feet. ten feet on either side of the centerfutc above the pipes as xtuslFy, laid- For the 10 foot wide portion that is centered over the pipe. the TOWN has the right to remove vegelatton (iuchidtng large trees aril shrubs) and construct and � maintain a gravel stabdited service accesv in some cases where it is reasonable. convenient and agreeable to the OWNERS and the TOWN. the ten fax wide service access may vary in lire within the twenty foot easemen4 and treed not be centered exited Move die pipes. This flexibility with respect to the actual service access is intended to facilitate c(ntsitucti(xt io Inhtimift We removal. anti to mimmvc the visual impxt of the cax,clocnt: It is agreed that in Multe case$ work by the, TOWN may be done inure safely and crrivenfenny if additional areas fe.g, natural clearings) partly oulsade the easMttertt are used cut a temporwy basis, in such everA, such areas wilt be itt%lt ew and marked by the OWNERS and the TOWN logciher, 0 I I a • • PAS{SI EASEMENT •- Town of Ithaca Sanitary Sewer - Tax Parcel 71.-1.68.2 This matrunim shall hind the parties hereto. their druribulm perscnal representatives, heirs, sttcressrm and assigns. IN Wrl'Ni.'iS WHERPOP, dns umttumemx liar hren duty executed by the t)WNIsRS(S) "or the holders of this lien. . [IcmarJ t Iluiclum _.A,,._ 1 1. M O1WNF.RIs)NAE UWNERl Siff '%ATC'RF J Jinvonc ♦1 lfuirhlns. �yfiA._AA/ 1L «u �C ! OWNER(s)NANIE iMNP[{ s) IGNATL'Rk 1 4. i State of tie. York. County of Tompkins Slit *my Public. Serb Of itltlttVA SM CIH060526 6 k III m MEt�tC �1► {O�n,thniau of �L�� _ in dux }eYew2001 before mc. the undersigned. personalty appcat� COIal111116 il� G�erm_ c3s.�.,_T_' 44 .f]1 `,?� � h"1 _ Personallym known to e or proveif to me on n dic haul , of sansfactouy evulcnre to be the nuln iduahs) %41 roses) tslarcl suhwribe l to the within ur.Wun)em and ackmrwlentged to or did helstie lic) exectacd the sane in hisAtcrlthcmcaP:rcuytfcs). arul that by hisficrnher ugnaturc(s) on the instrutnom, the uutivrdtrallsl.vitthe person upwxi hehalt' of which die ituhvtdu;dtsl acted, executed the insuunvern, g d p NOTARY PGSLIC a TOWN 01' ITHACA By:_ Cat herirse Valerttim d 4 NAME SIGNA7URF ' State of New York. County of Tompkins SS. } If � /J�,yy 9 VL T1 f phi this siay cif � s'+ _m the year 2WIbeforietree. thr umkrsigned, perumaily feared personalty known tome (n proved to me (in the basis of %wisfactury cwJcrar to he the i"vidual(s) whose rousts) is (arc) subscribed to the within instrument and acknowledged to live th u hclshelthey executed the saine in histtterhherr capacity(tesl and that by IvAvrlihor signaturcys) on the mstrurrient, the indrsiduahs), or the person trlmm behalf of winch the itrdividuatts) aci executed the instrument. NOTARY PUBLIC DE60 H KELF€y Nottuy Public, Stater 01 New Y" � NO. OIK€6025073 Qualified In Schtt or �rniSSiOn Eorio �;.y 1IIn'Ki)ts 12ccur cif nn ills i AA71:1-68.2sewease.dac f etch t9., in Litter at page and etantined,