HomeMy WebLinkAbout457347-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 4
Receipt No. 457347
DATE: 07/14/2004
Time: 12:49 PM
Document Type: EASEMENT/LEASE
Parties To Transaction: MILLER TO T/ITH
INSTRUMENT NUMBER
*457347-001 *
Delivered By: TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Deed Information Mortgage Information
Consideration: $0.00 Mortgage Amount:
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 02922 Special Mtae. Tax:
Hamuonai mige. i ax:
State of New York
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
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WATER EASEMENT
TOWN OF ITHACA WATER IMPROVEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 125 Valley View Rd
Town of Ithaca Tax Parcel Number: 29.-3-1
THIS INDENTURE made as of the 13 day of
BETWEEN: William and James Miller
referred to herein as the 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 requested the construction of a truck turn -around which must depart from
established highways, rights -of -way, easements or other Town property and
WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the
truck turn -around must cross or encroach upon private property;
NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to
said GRANTOR, 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 right-of-way / easement to enter upon, construct, operate, maintain, repair and replace
paved truck turn -around as herein described across or upon the lands of the GRANTOR in the Town of Ithaca in the
location shown on the attached map.
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 right-of-way / easement area, 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 /
right-of-way, 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. The
GRANTEE will take reasonable steps to restrict its operations to the minimum feasible width/area for said right-of-way /
easement. 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. To the greatest extent reasonably possible, and subject to the
necessary requirements of the project being undertaken, the exercise of rights under this right-of-way / 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.
Additional provisions, deed references, property descriptions (if desired), and descriptions of additional
facilities are hereinafter set forth:
The Town will install a new water service to house at 125 Valley View Rd and incur all costs for said water service.
The truck turn -around will be 25' x 50' from the edge of existing pavement on Valley View Rd.
2
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.
OWNER(s) NAME
will'iqm cl - , ie ((-
Mc1fyL�NJ
State of County of jynrpic� SS:
OWNER(s) SIGNATURE
L.S.
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L.S.
On the %dam day of 4 e in the year c,?oo before me, the undersigned, personally appeared.
sonally 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
bis/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon b� half of which the individual(s) acted, executed the instrument.
DEBORAH A. OLEY
Notary Public in New York State
Qual in Madison Co. # 010L6059023 NOTARY BLIC
(Commissi n %fires May 21, 20_zj J10 r
TOWN OF ITHACA �vz�(n��iQ� C� l.�rF U��bd
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BY 1.1 Y t�i I V1J� 4 lk �I �l (? C Gc-t �L2 .Gt '� F'-�✓��
SIGNATURE
State of New York, County of Tompkins SS:
On the iL'day of 11 in the year d�L/ before me, the undersigned, personally appeared.
(. Q'�j CVi vU �G(I �Vl �i ✓�
Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose 7ames(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.
�law W [O*PQ
NOTARY PUBLIC
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Tioga County ''�� ��
Commission Expires December L