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HomeMy WebLinkAbout468387-002Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 3 Receipt No. 468387 DATE: 02/10/2005 Time: 03:26 PM Document Type: EASEMENT/LEASE INSTRUMENT NUMBER *468387-002* Delivered By: BARNEY GROSSMAN DUBOW M Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Parties To Transaction: JACOBS TOWN OF ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 01639 State of New York Tompkins County Clerk Mortgage Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 i2t day of �ww a , 2005- by Kevin P. Jacobs of 181 Seven Mild Drive, Ithaca, NY 14850 (hereinafter referred to as sometimes as "Jacobs" 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, Jacobs is the owner of and developer of the SAPONI MEADOWS SUBDIVISION (Town of Ithaca tax parcel number 33.-3-8.3) situate in the Town of Ithaca, Tompkins County, New York, (the "Subdivision"); and WHEREAS, the Town of Ithaca Planning Board approved the Subdivision as shown on the final plat map referred to on Schedule A attached hereto; 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. Jacobs, 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 Jacobs to eventually be dedicated as public roads or from other public spaces dedicated to the Town or set off by Jacobs 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 Jacobs or others located outside the easement. 4. Jacobs, 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 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. Jacobs 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. Jacobs 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 Jacobs'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 Jacobs' property has not been properly restored by the Town to the extent required by this Sewer Easement, Jacobs 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 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 Jacobs' 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 a th ' ds a day first above written. Kevin P cobs TownofIthaca STATE OF NEW YORK Catherine Valentino, Supervisor ss.: COUNTY OF TOMPKINS On the 1_Av of I' in the year 200�before me, the undersigned, personally appeared Kevin P. Jacobs personally known to me or pro ed 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. Notary Public / DIANNA L. SMITH Notary Public, State of New York No. 01 SM6049728 Qualified in Tompkins County Commission expires October 23, 20—d9 STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the V day of �_ in the year 20"fore 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 p n on behalf of which the individual acted, executed the instrument. /) Q iry Public `71p q 3 L, o JOH"I C. BARNEY Notary P,ibllc, State of New York No. 02BA0166985 Qualified in Tompkins County SCHEDULE A Term Expires September 30, 20 21 This document grants a permanent easement 30 feet in width centered on the sewer line as built running from manhole #5 in Peachtree Lane to manhole #4 to manhole #3 to manhole #2 (said manhholes ##4, 3, and 2 being in Apple Blossom Lane) to manhole #1 in Amber Lane, all as more particularly shown on a map entitled `SAPONI MEADOWS SUBDIVISION Water & Sewer Plan --- Lots 1 Through 32" dated March 14, 1994, and filed in the Tompkins County Clerk's Office May 20, 1994 in Map Drawer V as part of sheet Number 140.