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Home My WebLink About459329-001Aurora 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. 459329 DATE: 08/16/2004 Time: 04:06 PM Document Type: EASEMENT/LEASE Parties To Transaction: FLORES Deed Information Consideration: $0.00 Transfer Tax: $0.00 INSTRUMENT NUMBER *459329-001 * Delivered By: BARNEY GROSSMAN DUBOW N Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Mort-gaue Information Mortgage Amount Basic Mtge. Tax: RETT No: 00203 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 r day of kIQ51 , 2004 by TESSA SAGE FLORES of 154 Compton Road, Ithaca, NY 14850 (hereinafter referred to as sometimes as "Flores" 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 ofNew 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, Flores is the owner of and developer of the Harris Subdivision (Town of Ithaca tax parcel number 45.-1-2.2) situate in the Town of Ithaca, Tompkins County, i':: �z: Yorl., Off of Chase Lane, and WHEREAS, the Town of Ithaca Planning Board approved the Harris Subdivision by resolution number 2004-028 on April 6, 2004, as partially shown on the final plat map entitled "SURVEY MAP SHOWING A PORTION OF LANDS OF TESSA SAGE FLORES Lot 99, Town of Ithaca, Tompkins County, New York" dated March, 2004, amended 6/29/04, a copy of which was filed in the Tompkins County Clerk's Office July 7, 2004; 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. Flores, 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 Flores to eventually be dedicated as public roads or from other public spaces dedicated to the Town or set off by Flores to be dedicated to the Town for the purpose of laying, constructing, operating, maintaining, altering, and repairing the sanitary sewer 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 Flores or others located outside the easement. Page 1 of 4 Flores Sewer Easement; WP8.0; Hal; JCB Ithaca General; August 9, 2004 (3:31 PM) 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 Lot 99 in said Town, more particularly described as follows: Commencing at a point located at the southwestern corner of the easement granted to the Town of Ithaca for sanitary sewer purposes relating to the Chase Lane subdivision, which easement is shown on the map hereinafter referred to as "20' Wide Town of Ithaca Sanitary Sewer Easement See L. 660/p.1016"; thence south 6 ° 39' 01" west on a line parallel with and 20 feet east of the west lines of the premises shown as "New Lot 1" and New Lot 2" on the map hereinafter referred to, running across both said Lots, a total distance of approximately 343.52 feet to the south line of "New Lot 2"; thence north 80 ° 31' 32" east along the south line of "New Lot 2" approximately 21 feet to a point; thence north 6 ° 39' 0 1 " east on a line parallel with and 20 feet east of the first course a total distance of approximately 343.52 feet to the north line of said "New Lot 1"; thence south 80 ° 3 F 32" west along the north line of "New Lot 1" approximately 21 feet to the point or place of beginning. Said premises are more particularly described on a survey map by Reagan Land Surveying, titled "SURVEY MAP SHOWING A PORTION OF LANDS OF TESSA SAGE FLORES Lot 99, Town of Ithaca, Tompkins County, New York" dated March, 2004, amended 6,129/04, a copy of which was filed in the Tompkins County Clerk's Office July 7, 2004. Said easement is shown as a "PROPOSED 20' WIDE EXTENSION OF SANITARY SEWER EASEMENT" on said map and includes the portion of said extension running across New Lot 1. Notwithstanding any other provisions set forth above, it is the intention of the parties hereto that the Town be granted an easement 20 feet in width, the centerline of which shall be the center of the sewer pipe laid in the easement area. Being a portion of the premises conveyed to Tessa Sage Flores by deed July 30, 1994, and recorded July 1, 1994 in the Tompkins County Clerk's Office in Liber 728 of Deeds at Page 50. Page 4 of 4 Flores Sewer Easement; WP8.0; Hal; JCB Ithaca General; August 9, 2004 (3:31 PM) 4. Flores, for herself, her 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 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 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 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 system as set forth on the plat. Flores understands that it is the Town's normal policy to mow at least annually any easement area utilized for sanitary sewer purposes so as to prevent the growth of roots from trees in the sanitary sewer pipes and appurtenances. Flores 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 of disturbed 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 Flores'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 Flores's property has not been properly restored by the Town to the extent required by this Sewer Easement, Flores shall give prompt and due notice in writing to the Town at the Town of Ithaca Offices at 215 North Tioiza 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 Page 2 of 4 Flores Sewer Easement; WP8.0; Hal; JCB Ithaca General; August 9, 2004 (3: 31 PM) commenced within two years from the happening of the event upon which Flores'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 TOMPKINS : "I",( , 94- -4 a Tessa Sage Flores TOWN OF ITHACA By: LA Carolyn Gri orov,Deputy Supervisor On the 16thday of August in the year 2004 before me, the undersigned, personally appeared Carolyn Grigorov 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. Notary Public SANDRA L. SMALL STATE OF NEW YORI� : Notary Public, State of New York No. 01 SM4883200 ss.: Qualified in Tompkins County COUNTY OF TOMPKINS Commission Expires January 20, 20 On the I day of August in the year 2004 before me, the undersigned, personally appeared Tessa Sage Flores 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. MARY J. SCHUBERT MAW1�" NOTARY PUBLIC, State of New York Notary Pu li No. 02SO6088615 Gnalified in Tompkins County Commission Expires March 10, 20 Cq Page 3 of 4