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Home My WebLink About458431-001Aurora 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. 458431 DATE: 08/02/2004 Time: 12:21 PM Document Type: EASEMENT/LEASE Parties To Transaction: AUBLE/ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 00005 AA -,,- INSTRUMENT NUMBER *458431-001* Delivered By: ADAMS THEISEN MAY MILLER & Return To: ADAMS THEISEN MAY MILLER & YEHL 103 WEST SENECA ST ITHACA, NY 14850 Mortoaae Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 11111111111111111111111111111111111111111111111111111111111 SEWER EASEMENT THIS EASEMENT granted this JIday of u,� , 2004 by David C. Auble of 111 West King Road, Ithaca, NY 14850 (hereinafter referred to as sometimes as "Auble" and sometimes as party of the first part), and the TOWN OF ITHACA, a municipal corporation formed in accordance with the laws of the State of New York, having its principal office at 215 N. Tioga Street, Ithaca, New York 14850 (hereinafter sometimes referred to as "Town" and sometimes as party of the second part). WITNESSETH: WHEREAS, Auble is the owner of and developer of the Holly Creek Subdivision (Town of Ithaca tax parcel number 3 T-1-17.1) situate in the Town of Ithaca., Tompkins County, New York, and WHEREAS, the Town of Ithaca Planning Board approved the Holly Creek Subdivision by resolution number 2004-001 on January 20, 2004, as shown on the final plat map entitled "Holly Creek Subdivision Site Plan" dated December 31, 2003 to be filed in the Tompkins County Clerk's Office concurrently herewith; and WHEREAS, the conditions of approval of such subdivision provide for the dedication to the Town of, among other things, sanitary sewer rights in the form of easement rights; NOW THEREFORE, the parties hereto agree as follows: 1. Auble, for good and valuable consideration received, hereby grants and conveys a permanent and perpetual easement over the premises described on schedule A attached hereto for the construction, maintenance, and replacement of sanitary sewer lines. 2. This easement includes the right to lay, construct, operate, maintain, alter, clean and repair the sanitary sewer and water mains and the right to lay, construct, operate, maintain, alter, clean, repair, remove, replace, or change the size of associated valves, pumps, manholes and underground pipes with all the appurtenances necessary therefore, including the right to reasonably trim and or remove trees, shrubs, and other obstructions within the easement. 3. There is further granted the right of reasonable access from public roads or areas set apart by Auble to eventually be dedicated as public roads or from other public spaces dedicated to the Town or set off by Auble to be dedicated to the Town for the purpose of laying, constructing, operating, maintaining, altering, and repairing the sanitary sewer and water main infrastructure and for the purpose of laying, constructing, operating, maintaining, altering, repairing, cleaning, removing, replacing or changing the size of pipes, associated valves, pumps, manholes, underground pipes and appurtenances. Such reasonable access shall not cause damage to the other premises of Auble or others located outside the easement. 4. Auble, for himself, his heirs, successors and assigns, covenants and agrees that no buildings or structures shall be constructed within the aforesaid permanent easement which will in any way SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins, State of New York, and being part of Military Lots 84 and 85 in said Town, more particularly described as follows: Commencing at a point located at the intersection of the westerly boundary ofN.Y. S. Route 96B and the south boundary of West King Road; running thence N 57° 44' 14" W a distance of 174.00 feet to an iron pin at the northeasterly corner of the lands of Auble; running thence S 48° 45' 46"W a distance of 125.25 feet to an iron pin; running thence N 41 ° 14' 14" W a distance of 200.00 feet to an iron pin, marking the point or place of BEGINNING; Running thence N 48° 45' 46" E a distance of 24.36 feet to a point; running thence S 41° 14' 14" E a distance of 18.58 feet to a point; running thence S 3 V 31' 59" W a distance of 25.50 feet to a point; running thence S 3 V 31' 59 W a distance of 131.65 feet to a point; running thence S 05° 47' 09" W a distance of 253.11 feet to a point; running thence S 49° 5723" E a distance of 51.68 feet to a point; running thence S 27' 07' 30" W a distance of 129.58 feet to a point; running thence on a curve to the left along the cul-de-sac boundary of the proposed road known as "Holly Creek Lane" to a point, said point being along a chord bearing N 23° 54' 05" W with a distance of 25.73 feet, having a radius of 75.00 feet and an arc distance of 25.85 feet; running thence N 27' 07' 30" E a distance of 97.46 feet to a point; running thence N 49' 57' 23"W a distance of 46.32 feet to a point; running thence N 05° 47' 09" E a distance of 249.15 feet to a point; running thence S 67° 13' 38" W a distance of 28.46 feet to a point; running thence N 050 47' 09" E a distance of 32.09 feet to a point marked by a set rebar with cap; running thence on a curve to the right along the easterly right of way boundary of the proposed road known as "Holly Creek Lane" to a point, said point being along a chord bearing N 100 32' 05" E a distance of 18.21 feet, having a radius of 110.00 feet and an arc distance of 18.24 feet; running thence S 68° 30' 27" E a distance of 29.22 feet to a point; running thence N 310 31' 59" E a distance of 131.75 feet to a point; running thence N 41 ° 14' 14" W a distance of 5.20 feet to the point or place of beginning. Said premises are more particularly described on a survey map titled "Holly Creek Subdivision Site Plan" dated December 31, 2003 by Reagan Land Surveying, a copy of which is intended to be filed or recorded concurrently herewith. Said easement is shown as a "SANITARY SEWER EASEMENT" and a "20' WIDE SANITARY SEWER EASEMENT" on said map. Being a portion of the premises conveyed to David C. Auble by deed of Buttermilk Trail, LP dated April 2, 1997 and recorded April 24, 1997 in the Tompkins County Clerk's Office in Liber 793 of Deeds at Page 174. interfere with complete access by the Town, its successors, assigns, employees, and agents, to lay, inspect, operate, maintain, alter, clean, or repair the sanitary sewer and water main infrastructure or to lay, inspect, operate, maintain, alter, repair, clean, remove, replace, or change the size of said valves, pumps, manholes, underground pipes, and appurtenances, it being agreed that the words, "buildings or structures", do not include roadways, driveways, parking lots, or similar improvements, whether paved, or unpaved, which shall be permitted so long as the same, in the reasonable judgment of the Town, do not materially interfere with access by the Town to the easement areas provided for herein and the lines and appurtenances constructed thereon by the Town. 5. The Town, its successors, assigns, employees, agents, or contractors will use reasonable efforts in maintaining the sewer and water system to preserve trees, vegetation, and wildlife habitat consistent with the purposes of this easement. Any trimming, clearing, or other acts affecting trees, vegetation, or wildlife habitat shall be conducted only to the minimal extent necessary to permit the easement purposes to occur so as to protect and preserve the trees, vegetation, and wildlife habitat as much as possible. However, the Town, its successors, assigns, employees, agents, or contractors shall make the final determination on the scope of the work needed to accomplish the purposes of this easement and shall perform the work necessary to maintain the sewer and water system as set forth on the plat. Auble understands that it is the Town's normal policy to mow at least annually any easement area utilitized for sanitary sewer purposes so as to prevent the growth of roots from trees in the sanitary sewer pipes and appurtenances. Auble understands and agrees that continuation and implementation of such policy on the easement areas granted hereunder shall not be a violation of the terms of this easement. 6. Except to the extent that surface changes are required to maintain the present drainage system, whenever the surface is disturbed in the exercise of the easement rights herein granted, the Town, its successors, assigns, employees, agents, or contractors, will reasonably restore, at Town expense, the surface to the condition that existed immediately prior to such disturbance including restoration or replacement ofdisturbed asphalt, concrete, or other surface ground level improvements provided that such condition is not inconsistent with the conditions required by the Town in the exercise of its rights under this easement 7. All equipment, materials, and other property belonging to the Town, 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 Town. 8. If any damage is caused to Auble's property in the exercise of the rights granted under this easement (other than damages reasonably necessary to accomplish the Town's purposes for obtaining this easement), or if Auble's property has not been properly restored by the Town to the extent required by this Sewer Easement, Auble shall give prompt and due notice in writing to the Town at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca. New York, immediately following any such damage or failure to restore the propertv. 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 Auble's claim is based or within such shorter statutory period as may be applicable. 9. This easement and agreement shall be binding upon the parties hereto, their respective distributees, heirs, successors and assigns and shall run with the land. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day first above written. STATE OF NEW YORK ss.: COUNTY OF TOWKINS David C. Auble Town of Ithaca By: C, Zt L c,ti.6 Catherine Valentino, Supervisor On the 25t'' day of June in the year 2004 before me, the undersigned, personally appeared Catherine Valentino 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 capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. X' Notary Public STATE OF NEW YORK : SANDRA L. SMALL Notary Public, State of New York ss.: No. 01 SM4883200 COUNTY OF TOMPKINS Qualified in Tompkins County a Commission Expires January 20, 20 On the �2 stday of June in the year 2004 before me, the undersigned, personally appeared David C. Auble 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. J Not Public JESSICA L. MICHA h0bry Public, State of New" Qualified In olmp0kins Co" Commissloa Expires October 11, `o 6