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HomeMy WebLinkAbout461887-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 4 Delivered By Receipt No. 461887 Return To: DATE: 10/01 /2004 Time: 02:37 PM Document Type: EASEMENT/LEASE Parties To Transaction: THERM INC TO TOWN OF ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 00531 INSTRUMENT NUMBER *461887-001* TOWN OF ITHACA Mortgage 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 WATER EASEMENT TOWN OF ITHACA WATER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Therm Inc Hudson St Extension Ithaca, NY 14851 Town of Ithaca Tax Parcel Number: 54.-2-1 THIS INDENTURE made as of the Orday of SPA —, 200 BETWEEN: THERM INC, Hudson St Extension, Ithaca NY 14851, Referred to herein as the GRANTOR, L,--- 1 SEP 24 2004-" t AT ACA TOWN CLC- 'ATTEST 1 ITHACA TOWN CLEF c 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 authorized the construction of facilities for and is about to construct the said Project which includes water transmission, distribution, supply and service pipe(s) and appurtenances which by reason of the topography and grades in certain locations must depart from established highways, rights -of -way, easements or other Town property in order to complete the work necessary or reasonable to render proper water transmission, distribution, supply and service to property owners in the Town of Ithaca, and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the water transmission, distribution, supply and service 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 right-of-way / easement to enter upon, construct, operate, maintain, repair and replace water transmission, distribution, and supply 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 filed originally at the office of the Town Clerk of the Town of Ithaca; the width of the right-of-way / easement and the approximate location of the center line are shown on the attached map; 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 right-of- way / easement. TOGETHER WITH a temporary easement during the period of original construction over so much of the owner's property as may be necessary for personnel and vehicles while the said water pipe(s) and appurtenances (or any other facilities specifically described below) are being installed, which temporary easement is also 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, and the water 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 / 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 hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to, the water pipe(s) or other facilities or appurtenances. 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 of Ithaca will insure that access for delivery trucks to Therm Inc is maintained during all construction phases. A F overlay of asphalt top will be place on the Therm Inc parking lot as shown on easement drawing and marked as Overlay Area. 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) andlor the holders of this lien. OWNER(s) NAME OWNER(s) SIGNATURE L.S. L.S. State of New Yor County of Tompkins SS: On the y of ' in the year 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. MARGUERITTE G. PACKNER NOTARY PUBLIC, State of NY No. 4747141 Qualified in Tompkins County My Commission Expires Nov. 34, 201217 TOWN OF ITHACA BY� 4R NOTARY PUBL SIGNATURE State of New York, County of Tompkins SS: On the ) 0 day of �5ek vx b e�� in the year before me, the undersigned, personally appeared. Laa1li© VaLmhY7o 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 WHtTMORE Notary Public, State of New York No. 01 W H 6052877 3 Tioga County a�w� Commission Expires December 26, m a nnsyla�O Ave \ co , Pe \ \ co a a