HomeMy WebLinkAbout475688-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
INSTRUMENT NUMBER
*475688-001 *
No. of Pages: g Delivered By: 7-OWN OF ITHACA/BOLTON POIM%
Receipt No. 475688 Retum To.
TOWN OF ITHACA
DATE: 07/13/2005
Time: 09:08 AM
Document Type: EASEMENT/LEASE
Parties To Transaction: CORNELL UNIVERSITY & T/ITH
Deed Information Mortuage Information
Consideration: $0.00 Mortgage Amount
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 03031 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
emu„_ er<e'r
Tompkins County Clerk
1111111111111111111111111111111111111111111111111111111111
WATER TANK AND UTILITY LINE EASEMENT
THIS INSTRUMENT WITNESSETH THAT CORNELL UNIVERSITY, an education
corporation chartered by the State of New York, c/o Real Estate Department, Box DH - Real Estate,
Ithaca, New York, 14853, hereinafter called the "GRANTOR", being the owner of certain lands
situate in the Town of Ithaca, County of Tompkins, State of New York, in consideration of the sum
of Twenty -Five Thousand Five Hundred and 00/100 Dollars ($25,500.00) lawful money of the
United States, and other good and valuable consideration recited herein, does hereby grant and
release unto the TOWN OF ITHACA, a municipal corporation, as the agent municipality, acting on
behalf of itself, the Town of Lansing, the Town of Dryden, the Village of Cayuga Heights, and the
Village of Lansing, jointly associated through the Southern Cayuga Lake Intermunicipal Water
Commission, pursuant to Article 5-G of the General Municipal Law, which Town of Ithaca has
offices at 215 North Tioga Street, Ithaca, New York, 14850, and which entity, in its own behalf and
in its representative capacity is hereinafter called the "GRANTEE," Grantee's lessees, licensees,
successors and assigns forever, a permanent easement over the following property (the "Premises"):
1. Portions of Tax Map Parcel Number No. 61-1-7.2, as more particularly shown as
Easement Areas 1-2 on a map entitled "Survey Map Showing Waterline Easements
To Be Granted To By Cornell University To The Town of Ithaca, Located at
Hungerford Hill Road, Town of Ithaca, Tompkins County, New York," dated March
30, 2005, and prepared by Lee Dresser, LLS No. 050096, which is being recorded
concurrently herewith, and as more particularly described in Appendix A attached
hereto;
2. Portions of Tax Map Parcel Numbers 61-1-7.2, 62-2-3 and 62-2-4, as more
particularly shown on two maps (1 of I and 2 of 2) entitled "TOWN OF ITHACA
Showing Waterline Easements to be Granted by Cornell University to the Town of
Ithaca, Located at Ellis Hollow Road and Hungerford Hill Roads, Town of Ithaca,
Tompkins County, New York," dated April 25, 2005, and revised June 16, 2005,
which are being recorded concurrently herewith, and as more particularly described
in Appendix B attached hereto;
TOGETHER WITH temporary easements over portions of Tax Map Parcel Number 61-1-7.2,
more particularly shown as Easement Area 4 on the above -referenced Survey Map, and over Tax
Map Parcels Numbers 61-1-7.2, 62-2-3 and 62-2-4 as noted on the above -referenced Town of Ithaca
Waterline maps for the Ellis Hollow Road and Hungerford Hill Road easements, all as more
particularly described in Appendix C attached hereto, which temporary easements shall terminate
upon completion of original construction of GRANTEE's water tank, water lines, and appurtenances.
Unless otherwise shown on the maps referred to above, or unless otherwise expressly stated
herein, the centerline of the easements for water transmission mains shall be the centerline of the
pipes as actually laid.
TOGETHER WITH easements for vehicular and pedestrian access over the easement areas
for the exercise of the rights granted by this easement, including, without limitation, driveway access
1
Appendix A
Description of Permanent Easement Areas 1-2
Easement Area 1
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins,
State of New York, being bounded and described as follows:
BEGINNING at a point in the centerline of Hungerford Hill Road, located approximately 966 feet
southerly of the present centerline intersection with Ellis Hollow Road, said course being further
described by the following four chords and distances:
South 06' 11' 36" West 223.71 feet;
South 00' 54' 12" East 273.57 feet;
South 04' 34' 45" East 241.12 feet;
South 03' 51' 17" West 227.20 feet;
RUNNING THENCE North 80' 41' 18" East for a distance of 190.69 feet to a point;
RUNNING THENCE South 59' 02' 49" East for a distance of 430.06 feet to a point;
RUNNING THENCE South 85' 10' 37" East for a distance of 169.43 feet to a pin set;
RUNNING THENCE South 00' 00' 00" West for a distance of 121.99 feet to a point;
RUNNING THENCE North 59' 02' 49" West passing through an iron pin set at a distance of 116.60
feet and continuing for a total distance of 589.86 feet to a point;
RUNNING THENCE North 85' 58' 38" West for a distance of 123.47 feet to a point;
RUNNING THENCE South 80' 41' 18" West for a distance of 10 1. 15 feet to a point;
RUNNING THENCE North 05' 34' 26" East along the centerline of Hungerford Hill Road for a
distance of 31.04 feet to the point and place of beginning.
Said parcel containing 0.761 acres.
Subject to the rights of access granted substantially concurrently herewith by an easement agreement
from GRANTOR to GRANTEE in its individual capacity for access to the pump station to be
constructed by GRANTEE on Easement Area 2, which easement is intended to be recorded
substantially concurrently with this easement.
Easement Area 2
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins,
State of New York, being bounded and described as follows:
BEGINNING at a point marked by an iron pin being the northeast corner of Easement Area 1;
RUNNING THENCE South 85' 10' 37" East for a distance of 200.00 feet to a pin set;
z
RUNNING THENCE South 00' 00' 00" West for a distance of 215.00 feet to a pin set;
RUNNING THENCE North 85' 10' 37" West for a distance of 200.00 feet to a point;
RUNNING THENCE North 00' 00' 00" East for a distance of 215.00 feet to the point and place of
beginning.
Said parcel containing 0.984 acres.
Subject to the right to construct, maintain, repair, and replace a pump station on Easement Area 2
granted substantially concurrently herewith by an easement agreement from GRANTOR to
GRANTEE in its individual capacity for such purpose, which easement is intended to be recorded
substantially concurrently with this easement.
7
Appendix B
Description of Permanent Easements
Along Hungerford Hill Road and Ellis Hollow Road
1. Hungerford Hill Road easement:
A permanent easement of twenty (20) feet in width extending substantially along and
adjacent to the east side of Hungerford Hill Road along lands of Cornell University as shown on a
map (2 of 2) entitled "TOWN OF ITHACA Showing Waterline Easements to be Grantedby Cornell
University to the Town of Ithaca, Located at Ellis Hollow Road and Hungerford Hill Roads, Town
of Ithaca, Tompkins County, New York," prepared by the Town of Ithaca, dated April 25, 2005,
and revised June 16, 2005, copies of which maps are intended to be filed in the Tompkins County
Clerk's Office concurrently with the recording of this easement, and according to which map the
centerline of the easement area is described substantially as follows:
Beginning at a point that is approximately 12 feet North 80' 41' I I" East from the
northwest corner of Easement Area 1, described on Appendix A, as shown on Map 2 of 2
of the above referenced maps; extending thence northerly approximately 10 feet east of, and
generally parallel with, the easterly line side of Hungerford Hill Road approximately 1000
feet to the north line of Ellis Hollow Road and the south line of the Ellis Hollow Road
easement described below.
Subject to the rights of the public in and to any portion of the easement area within the right
of way of Ellis Hollow Road.
2. Ellis Hollow Road easement:
A permanent easement of twenty (20) feet in width extending along the northerly line of Ellis
Hollow Road across lands of Cornell University adjacent to Ellis Hollow Road, as shown on two
maps (Maps 1 of 2 and 2 of 2) entitled "TOWN OF ITHACA Showing Waterline Easements to be
Granted by Cornell University to the Town of Ithaca, Located at Ellis Hollow Road and Hungerford
Hill Roads, Town of Ithaca, Tompkins County, New York," prepared by the Town of Ithaca, dated
April 25, 2005, and revised June 16, 2005, copies of which are maps are intended to be filed in the
Tompkins County Clerk's Office concurrently with the recording of this easement, and being
bounded and described as follows:
Beginning at a point in the westerly boundary line of certain land owned by Cornell
University (Town of Ithaca Tax Map Parcel Number 62-2-3), as shown on Map 1 of 2 of
the above -referenced maps, and extending easterly along said road a total distance of
approximately 1430 feet to a point 20 feet east of the present east line of Hungerford Hill
Road extended northerly across Ellis Hollow Road, as shown on Map 2 of 2 of the above -
referenced maps.
Appendix C
Description of Temporary Construction Easement
Water tank construction easement.
A Temporary Easement over certain lands of Cornell University for the original construction
of a water tank, water lines, and related appurtenances, shown as Easement Area 4 on a map entitled
"Survey Map Showing Waterline Easements To Be Granted To By Cornell University To The
Town of Ithaca, Located at Hungerford Hill Road, Town of Ithaca, Tompkins County, New York,"
dated March 30, 2005, and prepared by Lee Dresser, LLS No. 050096, which is being recorded
concurrently herewith, being bounded and described as follows:
Beginning at a point marking the southwest corner of Easement Area 2 on said Survey Map:
Running thence South 85'
10' 37"
East for a distance of 164.68 feet to a point;
Running thence South 00'
00' 00"
West for a distance of 75.27 feet to a pin set;
Running thence North 85'
10' 37"
West for a distance of 265.23 feet to a pin set;
Running thence North 00'
00' 00"
East for a distance of 219.81 feet to a pin set;
Running thence South 59'
02' 49"
East for a distance of 116.60 feet to a point;
Running thence South 00'
00' 00"
West for a distance of 93.01 feet to the point and place
of beginning.
Said parcel containing 0.730 acres.
2. Ellis Hollow Road and Hungerford Hill Road construction easements.
Temporary Easements over certain lands of Cornell University for the original construction
of water lines and related appurtenances five (5) feet in width on each side of the 20 foot permanent
easements granted along Hungerford Hill Road and Ellis Hollow Road (making the total width of the
combined permanent and temporary easements 30 feet) as noted on the two maps (Maps 1 of 2 and
2 of 2) entitled "TOWN OF ITHACA Showing Waterline Easements to be Granted by Cornell
University to the Town of Ithaca, Located at Ellis Hollow Road and Hungerford Hill Roads, Town
of Ithaca, Tompkins County, New York," prepared by the Town of Ithaca dated April 25, 2005,
revised June 16, 2005, copies of which are intended to be filed in the Tompkins County Clerk's
Office concurrently with the recording of this easement.
SECTION 61
BLOCK 1
LOT 7.2 (portion)
CITY OR TOWN Ithaca
SECTION 62
BLOCK 2
LOTS 3 and 4 (portions)
CITY OR TOWN Ithaca
over Easement Area 1 described in Appendix A for the purpose of obtaining vehicular and pedestrian
access to Easement Areas 2 and 4 described in Appendices A and C, respectively.
Subject to all easements, rights of way and other encumbrances of record. GRANTOR
hereby represents that, to the best of its knowledge, it has not granted any easements, rights of way or
other encumbrances other than those shown in the abstracts for Tax Map Parcel Numbers 61-1-7.2,
62-2-3 and 62-2-4, prepared by Monroe -Tompkins -Watkins Title Agency, LLC and respectively
dated January 26 2001, November 5, 1949, and August 21, 1923.
Subject also to an easement given substantially concurrently herewith to the Town of Ithaca
in its individual capacity for the maintenance of a pump station on Easement Area 2, and for
vehicular and pedestrian access to such pump station over Easement Area 1, both of which easement
areas are shown on the map by Lee Dresser referred to above.
The purpose of the easements conveyed herein is to allow GRANTEE to construct, install,
operate, maintain, repair and replace a new water storage tank, transmission and distribution pipe(s),
underground electric lines, and related appurtenances for as long as said improvements exist and are
in use on the Premises. Original construction of the new water storage tank, water lines, and
underground electric lines shall be done substantially in accordance with official plans and
specifications dated May 2005 and filed at the office of the Town Clerk of the Town of Ithaca, with
such modifications therein as GRANTEE in its reasonable discretion may determine to be necessary
or appropriate as construction progresses.
All equipment, materials, and other property belonging to the GRANTEE, its agents or
contractors, stored on or located on the Premises, including the water storage tanks, transmission and
distribution pipes, underground electric lines, or other facilities (both new and existing), shall remain
the property of and shall be under the control and supervision of the GRANTEE. The GRANTEE
shall use its best efforts to prevent any claim, lien or other encumbrance arising from its use of the
Premises to accrue against or attach to the Premises or any other portion of the GRANTOR's
Property but if any lien or notice of lien is so filed, GRANTEE shall promptly bond and discharge
any lien or notice of lien that may be so filed.
The GRANTOR (1) reserves the underlying fee title to the Premises, 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. GRANTEE acknowledges that certain of
GRANTOR's buildings (located in Easement Area 1) occupy portions of the Premises granted
herein, and GRANTEE expressly covenants that GRANTEE will not disturb said buildings in any
fashion. GRANTOR acknowledges that the water storage tanks will be enclosed by fences and such
other security devices as GRANTEE may determine to be necessary or appropriate to maintain the
integrity of the water supply and GRANTOR expressly covenants that GRANTOR will not enter, nor
authorize any person or entity associated with GRANTOR to enter, or otherwise disturb the areas
enclosed within such fences.
2
Except for the areas to be enclosed by fences as shown on the construction plans the
GRANTEE will take reasonable steps to restrict its use of the Premises to the minimum feasible
width/area. Unless otherwise provided, the centerline of the water pipes and underground electric
lines as actually laid shall be the centerline of the easements granted herein.
GRANTEE further agrees and covenants that, if at anytime hereafter, the GRANTOR desires
to make use of the Premises, then in that event, the GRANTEE shall, upon ninety (90) days' notice
in writing from GRANTOR and at GRANTOR's cost and expense, make such changes in the
location of the water storage tank, transmission pipe(s), distribution pipe(s), underground electric
lines, or other facilities installed on or occupying the Premises as GRANTOR may direct or require,
provided, however, that any relocation shall be to a location on other premises of GRANTOR that
does not adversely affect the operation of the water system, and provides at least the same benefits
(including relative height of storage facilities and operational economies such as those related to
pumping and gravity transmission capabilities) as the facilities in the location permitted by this
Agreement. However, to the extent that GRANTEE is not able to complete such relocation within
ninety (90) days, then GRANTEE shall complete such relocation within such reasonable periods of
time as may be necessary, taking into account (a) the importance of the facilities being constructed
under the terms of this Agreement to the overall water supply system operated by GRANTEE, (b) the
need for alternate storage and/or distribution systems during any period of construction of the
relocated facilities, (c) the time for completion of any legally required municipal procedures and
agreements among or by the members of the Southern Cayuga Lake Intermunicipal Water
Commission including, without limitation, any required design and bidding requirements, and (d)
any other actions that may be legally or reasonably necessary to accomplish such relocation.
Whenever GRANTEE performs work on the Premises, it is agreed that, without expense to
GRANTOR, upon completion of the work all debris will be promptly removed and the Premises will
be promptly restored to substantially the same condition it was in before any such work was done, in
accordance with the official plans and specifications filed with the Town Clerk of the Town of Ithaca
subject to any changes in the Premises permitted by the exercise of the rights granted by this
easement. To the greatest extent reasonably possible, and subject to the necessary requirements of
the project being undertaken, GRANTEE shall exercise the rights granted herein so as to minimize
environmental or property 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.
3
This instrument shall bind the parties hereto, their distributes, personal representatives, heirs,
successors and assigns.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have hereunto set their hands
and seals this tti- day of 1 r , 2005.
IN PRESENCE OF:
CORNELL UNIVERSITY
BY: Jo eroni
ISirector e 1 E tate Department
OF ITHACA
"`
BY: Catherine Valentino
Town Supervisor
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the day of , in the year 2005, before me, the undersigned, a. Notary
Public in and for said State, personal y appeared;M�i�+ , 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 he/she executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
oca;�—
Notary Public
SARAH R. DLAN
Notary Public, State of New York
Qualified t'ssi nsAugust 31 nExpire�4 m
4
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the day of _, in the year 2005, before me, the undersigned, a Notary
Public in and for said State, personally appearedpersonally known tome 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 he/she executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument. f
NoY#y Public
Ly '.
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