HomeMy WebLinkAbout436571-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 7
Receipt No. 436571
DATE: 07/24/2003
Time: 09:36
INSTRUMENT NUMBER
*436571-001*
Delivered By: ITHACA, TOWN OF
Return To:
ITHACA, TOWN OF
Document Type: EASEMENT/LEASE
Parties To Transaction: PEOPLE - NYS OFFICE OF PARKS
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 03123
Mortaaae Information
Mortgage Amount:
Basic Mtge. Tax:
Special Mtge. Tax:
Mortgage Serial No.:
State of New York
Tompkins County Clerk
This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real
Property Law of the State of New York. DO NOT DETACH
Tompkins County Clerk
111111111111111111111111111111111111111111111111111111111111
"r7OO Zz7
NEW YORK STATE
EXECUVE DEPARTMENT !
TI
I
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVAPI
GRANT OF EASEMENT
',Ii N
f ! �
JUL q 2003
TOWN OF ITHACA
t',1VG, ;'0) 11NG, ENGINEERING
THIS INDENTURE, made this 22nd day of Ar_; 1 , 2003, between THE
PEOPLE OF THE STATE OF NEW YORK acting by and through the NYS OFFICE OF
PARKS, RECREATION AND HISTORIC PRESERVATION, with offices at Agency Building
1, Empire State Plaza, Albany, New York 12238, County of Albany, State of New York,
hereinafter referred to as the "GRANTOR", and the Town of Ithaca having its place of business
at 215 N. Tioga Street, Ithaca, New York 14850, County of Tompkins, State of New York,
hereinafter referred to as the "GRANTEE".
WITNESSETH:
WHEREAS, the GRANTOR is charged by law with the supervision and control of all
State Parks and parkways and other recreational and historical facilities, and
WHEREAS, the GRANTEE desires to acquire from the GRANTOR a certain permanent
easement for the installation of a 12" water main, and
WHEREAS, the GRANTOR desires to cooperate with the GRANTEE and is willing to
grant the desired easements under appropriate conditions and safeguards, and
NOW, THEREFORE, the GRANTOR pursuant to Section 13.06 of the Parks and
Recreation Law and in consideration of one dollar payment waived, and subject to the conditions
hereinafter set forth, does hereby grant and convey to the GRANTEE a certain permanent
easement in, and over the parcel of land described in Schedule A hereto and made part of this
agreement.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT:
1. The GRANTEE intends to construct and maintain, or cause to be constructed and
maintained within the lines of the easement parcel described above, a 12" water main as shown
on the plans, attached herewith as ATTACHMENT A. The construction of said improvement
shall conform to said plans, and shall not encroach beyond the lines of the above -described
easement parcel.
2. This GRANT OF EASEMENT is for the upgrade of the Town of Ithaca's water system
only and is to be confined to the lines of the above -described parcel of land, in, through and/or
under the surface thereof. This grant shall not be construed in any way nor is to be intended to
convey any right upon the surface of said property or under or above the ground in the
aforementioned parcel of land, except for the purposes of constructing, installing and maintaining
the above -mentioned improvement.
SCHEDULE A
ALL THOSE PORTIONS of the former right-of-way of the Lehigh Valley Railroad
Company, situate partly in the City of Ithaca and partly in the Town of Ithaca, all in the
County of Tompkins and State of New York, as acquired in fee by Eminent Domain
Procedure by the Office of Parks, Recreation and Historic Preservation by map entitled
State of New York Executive Department Office of Parks, Recreation and Historic
Preservation, 4ch Park Region, Tompkins County, Consolidated Rail Corporation, Map
No. 1 Parcels V 20 / 109-3 & V 20 / 109-4 dated June 12, 1984 and filed in the Tompkins
County Clerks Office, the centerline of which portions is described as follows:
BEGINNING at the intersection of the westerly boundary of Stone Quarry Road
(formerly Teers Road) and the above mentioned centerline; thence along said centerline
on a tangent section 720+ feet to station 13553 + 45.11; thence on a curve to the left with
a central angle of 7° 34' and a length of curve of 493.43 feet to a station 13658 + 38.54;
thence on a tangent section 1150.19 feet to station 13669 +88.73; thence on a curve to the
left a with a central angle of 13' 47' and a length of curve of 381.10 feet to station 13673
+ 69.83; thence on a tangent section 202.82 feet to station 13675 + 72.65; thence on a
curve to the right a with a central angle of 18' 35' and a length of curve of 823.51 feet to
station 13683 + 96.16; thence on a curve to the right a with a central angle of 18' 40' and
a length of curve of 400.00 feet to station 13687 + 96.16.
The term centerline refers to the original centerline of this railroad section.
The term station and centerline station refers to the rechaining stations of this railroad
section.
Excepting all that land as shown as insert A on said appropriation map.
cl o
o
,
d NrS RT /3 Z
sit
%` �.0.0"
EAIV EASEA/E i`I
oll
srowc ouARRr Rv00
0
oa -
o p C
_t, 4 %% O B
4
� o
go,A% a
ATTACHMENT A
lC..th
O/ M•
TOWN OF I THA CA
row or Irmo" rRAamsm tAE � o
EASE#Enr AWA EAM ram LAKES srAIE PAws �
Ftl•
3. All plans and specifications for the construction and installation within the easement
area shall be submitted to the GRANTOR for approval prior to construction or installation. Upon
the application for the purposes of maintaining these facilities, reasonable access shall be given to
the GRANTEE by the GRANTOR for the purposes of such maintenance. Such application shall
be in writing and addressed to the Capital Facilities Manager at: Finger Lakes State Parks Region,
2221 Taughannock Park Road, Trumansburg, New York 14886 prior to commencing the
maintenance activities.
4. All work in connection with the construction, installation, or maintenance of such shall
be carried out at times and in a manner satisfactory to the GRANTOR.
5. These grants are made subject to the satisfaction of the GRANTOR that the
GRANTEE shall restore any pavement, fence, structure or equipment, and the ground surface and
landscaping which may be disturbed on the lands herein described and adjacent areas affected by
the construction or maintenance of these improvements to the same condition or as good
condition as it was before such construction or maintenance was undertaken by the GRANTEE,
and that upon completion of such construction or maintenance, said GRANTEE shall remove any
temporary structures, construction or maintenance debris on or above the surface of the land.
6. The easement hereby granted does not convey any interest in the land other than an
easement for the purposes hereinabove set forth, and that such easement shall not restrict the use
of the land by the GRANTOR provided, however, GRANTOR agrees not to use the property in a
manner that would interfere with or injure the water main being installed by GRANTEE.
7. The GRANTEE shall relocate said improvement at GRANTOR'S expense, upon the
written request from the GRANTOR whenever development of a state project requires such
relocation, and provided that GRANTOR provides an easement and/or fee title to land upon
which the water main may be relocated.
8. The GRANTEE covenants and agrees to indemnify and hold harmless the People of
the State of New York, the Office of Parks, Recreation and Historic Preservation, and their
officers and employees from and against any and all claims, suits, losses, damages, injuries to
persons or property arising out of, or in connection with the installation, operation and
maintenance of said improvement and use of said easement by the GRANTEE or others.
9. This instrument is granted on the express condition that if the above described
easement parcel is used for other than the purpose hereinbefore set forth, or in the event the said
improvement located in the above -described easement parcel is discontinued, then in either event,
this easement shall terminate and all rights herein granted shall cease. In the event of
discontinuance, all improvements installed for such purposes shall be removed by and at the sole
cost of the GRANTEE.
10. THIS EASEMENT SHALL NOT be assigned or transferred without the written
permission of the GRANTOR.
11. THIS AGREEMENT SHALL be binding upon and inure to the benefit of the
respective parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed the
day and year first above written.
THE PEOPLE OF THE STATE OF NEW YORK
THROUG THE COMMISSIONER OF PARKS,
RECREA ON AND HIST RIC PRESERVATION
By:
Bemade to Castro
Commissioner and State Historic Preservation Officer
ACCEPTANCE
C'J-z&'Uka- /-A)LtinZ
Title: Tbwi of Ithaca Supervisor
Payee I.D.
15-6000992
(Social Security Number or Federal Tax I.D. Number)
APPROVALS
APPROVED AS TO FORM
Department of Law, Office of the State Attorney GA" MANNER OF E CU ION
Date: ELIOT ITZER
E,
Al 1U0
BY
Department of Audit & Control, Office of the State Comptroller
Date: A/. A
U
�1CJ)•D�RT�
COMMISSIONER ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF ALBANY )
A �-
On the day ofin the year 200,3 , before me, the undersigned,
a Notary Public in and for said State, personally appeared Bernadette Castro, 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 by her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary
STEPHEN C. LEW'S
Notary Public. State of New York
No 01tE50 7729
cladyCount 2005
Qualified'�reli eptember 13.
Commission Exps
ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss.:
COUNTY OF )
On the a;k day of4,t-z, in the year 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared Cd�L,.-1 129 _ 1:1e� I ,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
AMM C. DRAKE
No o1bR8�0 i4 "
C MMOnOE d�
NOTARY PUBLIC
DEPUTY COMMISSIONER ACKNOWLEDGEMENT
r
STATE OF NEW YORK )
ss.:
COUNTY OF ALBANY )
On the day of
in the year 2003, before me, the undersigned, a
Notary Public in and for said State, personally appeared Albert E. Caccese, 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 he executed the same 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