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HomeMy WebLinkAbout451237-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 INSTRUMENT NUMBER *451237-001* No. of Pages: 4 Delivered By: BARNEY GROSSMAN DUBOW N Receipt No. 451237 Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 DATE: 03/30/2004 119 EAST SENECA STREET ITHACA, NY 14850 Time: 02:32 PM Document Type: EASEMENT/LEASE Parties To Transaction: COLLE - ITHACA, TOWN OF Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 01976 State of New York Mortgage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: Tompkins County Clerk Mortgage Serial No.: 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 11111111111111111111111111111111111111111111111111111111 WATER MAIN AND PERMANENT ACCESS EASEMENT This WATER MAIN AND PERMANENT ACCESS EASEMENT is made this 29th of March, Between: ROYAL D. COLLE, of 121 Pine Tree Road, Ithaca, New York 14850, and TOMPKINS TRUST COMPANY as Trustee of the FRANK C. BALDWIN, JR. TRUST, u/a dated April 15, 1994, of The Commons, Ithaca, New York 14850, collectively the "Grantor", and The TOWN OF ITHACA, a New YorkMunicipal Corporation, with offices at 215 North Tioga Street, Ithaca, New York 14850, the "Grantee", WITNESSETH, that Grantor, in consideration of One and 00/100 Dollars ($1.00), lawful money of the United States, and other good and valuable consideration, paid by the Grantee, does hereby grant and release onto the Grantee, its successors and/or assigns, easements for construction, maintenance and replacement of an underground water main and for vehicular access from the the Town's pump station lot on the extension of Regency Lane in the Town of Ithaca (Town of Ithaca tax parcel number 57.-1-8.56) to a lot containing a water tank and other water system facilities located approximately 105 feet west of tax parcel 57.-1-8.56 and being known generally as Town of Ithaca tax parcel 57.4-10. The easement granted hereunder for access is for construction, use, maintenance, repair, replacement, ditching and other work on an access driveway and for access by vehicles, pedestrians, equipment, and any other use incidental to providing access for the construction, maintenance, replacement, and removal of water mains and a water storage tank. The easement for the water main is for the construction, maintenance, replacement, and removal (together with access over the entire easement area described herein) of an underground water main, together with related hydrants, manholes, controls and other related facilities. The description of the parcel over, through and under which said easements are granted are as follows: COMMENCING at a point in the west line of the Town of Ithaca pump station lot on the extension of Regency Lane (Tax parcel 57.-1-8.56, see Tompkins County Clerk Deed Book 473, page 985) which point is approximately 38 feet northerly from the southwest corner of said pump station lot; Thence south 2 degrees 40 minutes 16 seconds east approximately 48 feet to a point that is ten feet south of the centerline of an existing water main running from said pump station lot to said water tank lot (tax parcel 57.-1-10, see Deed Book 445, page 772); Thence south 87 degrees 19 minutes 44 seconds west on a line parallel with said water main approximately 183 feet to a point which point is fifteen feet west of the east line of an existing water main easement held by the Grantee (overlapping said easement by fifteen feet); Thence north 2 degrees 40 minutes 16 seconds west along said water main easement line and fifteen Pn,rcrding Fees: 4/0. oa -1- Rcturn to: BARNEY, GROSSMAN, DUBOW & MARCUS Seneca Building West, Suits400 119 E. Seneca Street Ithaca, Now York 14850 Attorney: C ti � Re:.ct- feet west of the easterly line of said easement a distance of approximately 62 feet to the south line of the water tank lot, intersecting such south line approximately 23 feet east of the southwest corner of such water tank lot; Thence northerly along the south line of said water tank lot approximately 28 feet to a point; Thence south 2 degrees 40 minutes 16 seconds east 10 feet to a point; Thence north 87 degrees 19 minutes 44 seconds east 155 feet to a point in the west line of said pump station lot and the point or place of beginning. All equipment, materials, and other property belonging to the Grantee, its agents or contractors, stored on or located on the easement parcel, and the driveway, water pipe(s) and appurtenances (or any other facilities) constructed for as long as improvements exist or are in use 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 driveway, water pipe(s) or other facilities or appurtenances. Whenever any water main installation or other work on the water main is done on the Grantor's premises, it is agreed that, without expense to the owner, all debris will be removed, and the premises will be restored to substantially the same condition they were in before any such work was done. To the greatest extent reasonably possible, and subject to the necessary requirements of the project being undertaken, the exercise of rights under this easement shall be done so as to minimize environmental damage and/or consequences. 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 Town of Ithaca Offices at 215 North Tioga Street, Ithaca, New York, immediately following any such damage or failure to restore the property. 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. The easements granted hereunder shall be permanent easements, for the purposes of providing water transmission mains and access to a water storage facility all for the benefit of the Town of Ithaca, its citizens and residents. Pursuant to the terms of Frank C. Baldwin, Jr. Trust agreement dated April 15, 1994 , Frank C. Baldwin, Jr., as Trustee of the Frank C. Baldwin, Jr. Trust is expressly authorized to sell, transfer and convey real property held in the trust on such terms and conditions as Trustee may determine. The westerly fifteen feet of this easement is subj ect to an easement previously granted to the Grantee for an existing water main running southerly and then westerly from the Grantee's water storage tank site. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. -2- TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever. This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien. 'P, ROYAL D. COLLE TOMPKINS TRUST COMPANY, Trustee i By: CaOerineVaupert, Trust Offi er The undersigned, Grantor of the Frank C. Baldwin, Jr. Trust, hereby authorizes, consents, and requests the Tompkins Trust Company as Trustee to make the conveyances set forth above and hereby ratifies and confirms said conveyances in full. FRANK C. BALDWIN, JR. STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: otb w On the ''2% day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Catherine Haupert, 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 c acity and that by her signature on the instrument, the individual, or the person upon behalf of which then ivnual actedexecuted the instrument. NotaA Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20 � -3- STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.' On the 29th day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared ROYAL D. COLLE, 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 i *iq�al acted, executed the instrument. Nota /Public JOHN C. BARNEY STATE OF NEW YORK) Notary Public, State of New York COUNTY OF TOMPKINS) ss' No. 02BA0166985 Qualified in Tompkins County© Term Expires September 30, 20 — On the 29th day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared FRANK C. BALDWIN, JR., 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 capacities and that by his signature on the instrument, the individual, or the person upon behalf of which the ivioual acted, executed the instrument. JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins Countyo� Term Expires September 30, 20 —