HomeMy WebLinkAbout475688-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 8
Receipt No. 475688
DATE: 07/13/2005
Time: 09:05 AM
Document Type: EASEMENT/LEASE
INSTRUMENT NUMBER
*475688-002*
Delivered By: TOWN OF ITHACA/BOLTON POINT
Return To:
TOWN OF ITHACA
Parties To Transaction: CORNELL UNIVERSITY & T/ITH
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 03032
State of New York
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
Special Mtge. Tax:
Additional Mtge. Tax:
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
ono,. k'N. [,..c
Tompkins County Clerk
11111111111111111111111111111111111111111111111111111111111
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 One and 00/100 Dollar ($1.00) 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, with offices at 215 North Tioga Street, Ithaca, New York, 14850, hereinafter
called the "GRANTEE," Grantee's lessees, licensees, successors and assigns forever, a permanent
easement over the following property (the "Premises"):
Portions of Tax Map Parcel Number No. 61-1-7.2, as more particularly shown as Easement
Areas 1-3 and 5-6 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.
The easement over Easement Area 1 is for the purpose of access for vehicles and pedestrians
to Easement Area 2 to service the pump station to be built by GRANTEE on Easement Area
2. The easement over Easement Area 2 is for the purpose of constructing, maintaining,
repairing, and replacing a pump station and related water lines and other facilities, to be
located as agreed with the five municipalities that make up the Southern Cayuga Lake
Intermunicipal Water Commission to whom an easement is being given by GRANTOR over
Easement Area 2 for the construction of a water tank. The easement rights given to
GRANTEE hereunder over Easement Areas 1 and 2 are to be coordinated with the easement
rights given to said municipalities for water mains and water tank.
The easements over Easement Areas 3, 5, and 6 are to allow GRANTEE to operate,
maintain, repair and replace an existing water storage tank, transmission and distribution
pipe(s), underground electric lines, and related appurtenances, and to construct, operate,
maintain, and repair and replace such new water tank, waterlines, and electric utilities, as
GRANTEE may determine necessary or appropriate for its water storage and distribution
system, for as long as said improvements exist and are in use on the Premises.
TOGETHER WITH a temporary easement 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 as more
particularly described in Appendix B attached hereto, which temporary easement shall terminate
upon completion of original construction of GRANTEE's water pumping station, water lines, and
appurtenances.
TOGETHER WITH easements for access by vehicles and pedestrians over the easement
areas to the facilities now existing or hereafter constructed on such easement areas including, without
limitation, the right of access over the driveway located on Easement Area 6 as shown on said Lee
Dresser survey.
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.
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.
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.
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.
2
Appendix A
Description of Permanent Easement Areas 1-3 and 5-6
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 capacity as agent for itself and for four other municipalities
for construction and maintenance of a water transmission main, a water tank, and access, 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;
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 rights of access granted substantially concurrently herewith by an easement agreement
from GRANTOR to GRANTEE in its capacity as agent for itself and for four other municipalities
for construction and maintenance of a water transmission main, a water tank, and access, which
easement is intended to be recorded substantially concurrently with this easement.
Easement Area 3
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 also being the southeast corner of Easement Area 2;
RUNNING THENCE South 00'
00' 00"
West for a distance of 249.33 feet to a point;
RUNNING THENCE South 45'
00' 00"
East for a distance of 560.44 feet to a point;
RUNNING THENCE North 90'
00' 00"
East for a distance of 39.25 feet to a point;
RUNNING THENCE South 00'
36' 24"
West for a distance of 35.00 feet to a point;
RUNNING THENCE South 90'
00' 00"
West for a distance of 53.75 feet to a point;
RUNNING THENCE North 45'
00' 00"
West for a distance of 589.44 feet to a point;
RUNNING THENCE North 00'
00' 00"
East passing throughan iron pin set at a distance of 191.51
feet and continuing for a total distance of 266.78 feet to a point;
RUNNING THENCE South 85'
10' 37"
East for a distance of35.12 feet to the point and place of
beginning.
Said parcel containing 0.707 acres.
Easement Area 5
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 set located at the northwest corner of Easement Area
6;
RUNNING THENCE North 00136' 24" East for a distance of 120.43 feet to a pin set;
RUNNING THENCE South 83131' 50" East for a distance of 109.74 feet to a pin set;
RUNNING THENCE South 00' 40' 59" West for a distance of 118.85 feet to a pin set;
6
RUNNING THENCE North 84' 20' 37" West for a distance of 109.44 feet to the point and place
of beginning.
Said parcel containing 0.30 acres.
Easement Area 6
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 marking the northwest corner of lands reputedly of Wong (655/909), said
point being further located South 87' 17' 34" West 157.92 feet from a stone monument located at
the northeast corner of lands of Wong (655/909), said monument also being located in the easterly
corporation line of the Town of Ithaca;
RUNNING THENCE South 87'
17' 34"
West for a distance of 30.05 feet to a point;
RUNNING THENCE North 06'
09' 28"
West for a distance of 514.42 feet to a point;
RUNNING THENCE North 26'
14' 48"
West for a distance of 117.01 feet to a pin set;
RUNNING THENCE South 84'
20' 37"
East for a distance of 71.71 feet to a point;
RUNNING THENCE South 06'
09' 28"
East for a distance of 611.44 feet to the point and place of
beginning.
Said parcel containing 0.469 acres.
Appendix B
Description of Temporary Construction Easement
Pump station construction easement.
A Temporary Easement over certain lands of Cornell University for the original construction
of a pump station, 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.
SECTION 61
BLOCK 1
LOT 7.2 (portion)
CITY OR TOWN Ithaca
GRANTEE further agrees and covenants that, if at any time 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 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 greatestextent 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.
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 11Wh day of 52005.
IN PRESENCE OF:
STATE OF NEW YORK
ss:
COUNTY OF TOMPKINS
CORNELL UVIVERSITY
BY: John a roni
Mtector, Re Eftate Department
TOWN OF ITHACA
BY: Catherine Valentino
Town Supervisor
On the ! 1'4�' day of Jul,t-° , in the year 2005, before me, the undersigned, a Notary
Public in and for said State, personal y appeared John E. Majeroni, 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 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
SARAH R. DEAN
Notary Public, State of New York
STATE OF NEW YORK ) Qualified in Tompkins Co. No. 4800454
ss:
Commission Expires August 31,L
COUNTY OF TOMPKINS )
On the fff" day of d _ J �' , in the year 2005, before me, the undersigned, a Notary
Public in and for said State, 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 acknowledgedto me that she executedthe same in her capacity, and that
by her signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
JOHN C. BARNEY
Notary Public, State of New York Notaryublic
No. 02BA0166985
Qualified in Tompkins County
Term Expires September 30, 20._.
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