HomeMy WebLinkAbout468387-003Aurora 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- 03:27 PM
Document Type: EASEMENT/LEASE
INSTRUMENT NUMBER
*468387-003*
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
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
RETT No: 01641 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
.s►
WATER EASEMENT
TOWN OF ITHACA WATER IMPROVEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: Amber Lane and Apple Blossom Lane
Town of Ithaca Tax Parcel Number: 33.-3-8.33
THIS INDENTURE made as of the t'""day of 20 a.J
BETWEEN: Kevin P. Jacobs
181 Seven Mile Drive
Ithaca, New York 14850
referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215North
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 the map referred to below; 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
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 or granted to the GRANTEE in any other
deed or instrument from the GRANTOR, 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 under any other deed or
instrument granted to the GRANTOR) 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 immediatelv following any such
damage or failure to restore the uropertv. 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:
This document grants a permanent easement 30 feet in width centered on the water line as built running from
Peachtree Lane northeasterly along the west line of Apple Blossom Lane to the northeast line of Amber Lane and also
running along the northeast line of Amber Lane from its intersection with Seven Mile Drive southeasterly to a point
just southeast of the intersection of the northeast line of Amber Lane with the southeasterly line of Apple Blossom Lane
extended northeast, 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 sheet Number 140.
[End of Text. Signatures appear on next page.]
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 OWN s SIGNATURE
Kevin P. Jacobs f L. S.
State of New York, County of Tompkins SS:
On the day of -ctljqq ✓ in the year before me, the undersigned, personally appeared.
Kevin P. Jacobs, personally known tom or proved to me on thebasis 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 instrume
C
DIANNA L. SMITN
Notary Public, State of NOT UBLI
No. 01 SM6049728
Quaiiried in Tompkins County
Commiss,on exoires October 23, 20�
TOWN OF ITHACA
BY
SIGNATURE
State of New York, County of Tompkins SS:
t.
On the day of e� nk in the year r-'- before me, the undersigned, personally appeared.
Cr�fi r + ne ��� l� n-t�•n
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 indj�i�lls), or the person upon behalf of
which the individual(s) acted, executed the instrument. f /;
JOHN C. BARNEY
Notary Public, State of New York
No. 02BA0166� County
GluExpi d in Tompkins
30, 20 SM
Term Expires Sep