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Home My WebLink About439151-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 2 Receipt No. 439151 DATE: 09/03/2003 Time: 14:19 Document Type: EASEMENT/LEASE Parties To Transaction: BOUDREAU Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 00383 INSTRUMENT NUMBER *439151-001 * Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF Mortnaae 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, SANITARY SEWER EASEMENT TOWN OF ITHACA SANITARY SEWER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1036 Hanshaw Road Ithaca, NY 14850 Town of Ithaca Tax Parcel Number: 71.-1-63 THIS INDENTURE made as of the 141 day of August, 2003, BETWEEN: John C and Magen Boudreau referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, GRANTEE has an easement for the installation and maintenance of a sanitary sewer transmission, collection and service lateral pipe(s) and appurtenances, and WHEREAS, the parties wish to modify such easement to clarify the respective rights and obligations of the parties, and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer collection, transmission, and service lateral pipe(s) and appurtenances or other 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 the general health, benefit and welfare of the community, 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 GRANTEE, its successors and assigns forever: A permanent easement to enter upon, construct, operate, maintain, repair and replace sanitary sewer collection, transmission and service lateral pipe(s) and appurtenances or such other facilities as are herein described across or upon the lands of the GRANTOR in the Town of Ithaca in accordance with official plans and specifications tiled originally at the office of the Town Clerk of the Town of Ithaca; the width of the easement and the approximate location of the center line are shown on the attached map; if the width of the easement is not shown on the attached map, the width of the easement shall be 20 feet; unless otherwise shown on said map or unless otherwise stated herein, the center line of the pipe(s) as actually laid shall be the center line of the easement. 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: All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement area, and the sewer pipe(s) and appurtenances (or any other 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 easement, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to, the sanitary sewer pipe(s) or other facilities or appurtenances. 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 it was 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 surfaces, that may have been placed on the easement area by GRANTOR, GRANTOR,s heirs, successors, or assigns. 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 writine to the GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca New York immediately following any such damage or failure to restore the propM. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca 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 happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. This easement is intended to modify the existing easement pertaining to the sewer line shown on the attached map. Upon recording of this easement, it shall be deemed to supercede such prior easement and henceforth the parties shall be governed exclusively by the terms of this easement agreement. EASEMENT -- Town of Ithaca Sanitary Sewer Improvement This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns. _ IN WITNESS WHEREOF, this instruments has been duly executed by GRANTORS or the hol sot is lien. i L.S. OWNER(s) NAME O R(s) SIGNATURE �uc6w.- Q L.S. OWN R(s) NAME OWNER SIGNATURE State of New York, County of Tompkins SS: On this l r day of L-At— in the year 2/0�03 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) w se names(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. Lo OTARY PUBLIC SUSAN L.. BESEMER Notary Public, State of New Yb* No. 01 BE6027349 Qualified in Tompkins County TOWN OF�/�ITHACA j Coj mmission Expires July 8, 20 By: CCi"1 leyipu U C+ I I 71 10 �2,1 l�-� NAME State of New York, County of Tompkins SS: SIGNATURE Onthis )dray of WOoeK in the year 2003 before me, the undersigned, personally appeared Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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. NOTARY PUBLIC CARRIE WHITMORE Wgiry Public, State of New York No. of WH6052877 Tioga County Commission Expires December 26. ]:\Easements\Hanshaw Road\71.-1-62sewease.doc