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Home My WebLink About472713-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax. 607-274-5445 INSTRUMENT NUMBER *472713-001 * No. of Pages: 3 Delivered By: TOWN OF ITHACA Receipt No. 472713 Return To: TOWN OF ITHACA DATE: 5/12/2005 Time: 03:35 PM Document Type: EASEMENT/LEASE Parties To Transaction: EWING - ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 02405 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 3101 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 DRAINAGE EASEMENT TOWN OF ITHACA DRAINAGE IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1520 Slaterville Rd Town of Ithaca Tax Parcel Number: 56.-3-4 and 56.-3-27 THIS INDENTURE made as of the day of 20 0 J , BETWEEN: Elmer and Marilyn Ewing referred to herein as the GRANTOR and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, W ITNFSSETH: WHEREAS, GRANTEE has an authorized project for the rehabilitation and maintenance of a drainage way on Town of Ithaca Tax Parcels 56.-3-4, and 56.-3-27. WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the drainage rehabilitation and maintenance must occur. 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 easement to enter upon for the purpose of maintenance and repair of such drainage way across or upon the lands of the GRANTOR in the Town of Ithaca. The width of the easement and the approximate location are shown on the attached map; the width of the permanent easement shall be between 20 and 35 feet from the center of the creek along the east most property line in tax parcel 56.-3-4 and 25 feet from the center of the creek along the west most property line of tax parcel 56.-3-27; unless otherwise shown on said map or unless otherwise stated herein. The Location of the Permanent easement may be adjusted with the approval of the GRANTEE to coincide with future road Rights of Way or to minimize impact on future uses by the GRANTOR. 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: none known All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement areas 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, 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 drainage or water discharge services or other facilities. 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. GRANTEE shall not be required to restore or replace any improvements, other than pavement or other driveway surfaces, that may have been placed on the easement area by GRANTOR, GRANTOR'S heirs, successors, or assigns. 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, immediate 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. � o • ,IC, N a 1*1 AF9 �4yFti l F'4S v � ti s� jbrn o gyFy�` N..'vj` , �" 2 D 2 � x ar, m ti �� ♦ N ~"*� �r tl+ / / a 2 i / W v / 2 •�` / � I a o �� / / ► b x / min J* N y I / I ' y EASEMENT -- Town of Ithaca Drainage Easement This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instruments has been duly executed by the GRANTOR(S) and/or the holders of this lien. OWNER(s) NAME OWNER s SIGNATURE 1 Y L.S. 47ZI L.S. State of New York, County of TO 1 ✓11 SS: On the day of in the year Y (J before me, the undersigned, personally appeared ri(�✓�Irw�K 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. �U/M' Signature CARRIE WHITMORE Notary Public, State of New York No. 01 W H6052877 —r Tioga County ,�j tdP State of New York, County of ( )ok {x a N SS: CO�mt�ld7 Expires DHC6mb6fy26,r " On the day of Nl d in the year before me, the undersigned, personally appeared cafl eyfv y Va t,?hm 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. TOWN OF�ITHACA BY 1�1�t fl1k I' lV a l.� �� f ✓'0 CARRIE WHITMORE Notary Public, State of New York No. 01 W H6052877 Tioga County p, Commission Expires December 26,b �/ _CjtfL'P"-2_t V'j�_ - L'& Signature