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Home My WebLink About475692-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax* 607-274-5445 No. of Pages: 5 Receipt No. 475692 DATE: 07/13/2005 Time: 09:13 AM Document Type: EASEMENT/LEASE INSTRUMENT NUMBER *475692-001 * Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transaction: NYS PARKS TO TOWN OF ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 03035 Mortnaae 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 319 of the Real Property Law of the State of New York. DO NOT DETACH CG�r,_ t'vr�l Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 --r tpo 0? 9�1 NEW YORK STATE EXECUTIVE DEPARTMENT OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION GRANT OF EASEMENT st THIS INDENTURE, made this day of , 20,Q; ,between THE PEOPLE OF THE STATE OF NEW YORK acting by and throug0the NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, with offices at Agency Building 1, Empire State Plaza, Albany, New York, 12238, County of Albany, State of New York, hereinafter referred to as the "GRANTOR", and the Town of Ithaca, having its place of business at 215 N. Tioga Street, Ithaca, New York 14850, County of Tompkins, State of New York, hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the GRANTOR is charged by law with the supervision and control of all State Parks and parkways and other recreational and historical facilities, and WHEREAS, the GRANTEE desires to acquire from the GRANTOR a certain Permanent Easement for a sewer line within the Black Diamond Trail, and WHEREAS, the GRANTOR desires to cooperate with the GRANTEE and is willing to grant the desired easement under appropriate conditions and safeguards, and WHEREAS, this Grant of Easement is for perpetuity from the date hereof or until otherwise terminated as hereinafter provided. NOW, THEREFORE, the GRANTOR pursuant to Section 13.06 of the Parks and Recreation Law and in consideration of One Dollar, payment waived, ($1.00, P.W.) and other good and valuable consideration, the receipt of which is hereby acknowledged, and subject to the conditions hereinafter set forth, does hereby grant and convey to the GRANTEE said easement in, over and under the parcel of land shown on ATTACHMENT A, herewith attached and made part of this easement; and henceforth referred to as the PREMISES. 1. IT IS FURTHER UNDERSTOOD AND AGREED that the GRANTEE intends to construct, install, place, replace, operate and maintain a sewer line within the lines of easement parcel described above. as shown on the plans herewith attached as ATTACHMENT A, and that the placement of said improvement shall conform to said plans and shall not encroach beyond the lines of the above -described easement parcel. 2. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is an easement for construction, installation, placement, replacement and maintenance purposes only and is to be confined to the lines of the above -described parcel of land in, through and/or under the surface thereof. This grant shall not be construed in any way to convey , nor is to be intended to convey, any right upon the surface of said property or under or above the ground in the aforementioned parcel of land, except for the purposes of constructing, installing, placing, replacing and maintaining the above -mentioned improvement. 3. IT IS FURTHER UNDERSTOOD AND AGREED that all plans and specifications for the construction, reconstruction, installation and reinstallation within the easement area shall be submitted to the GRANTOR for approval prior to construction or installation, and the upon prior application for the purposes of maintaining these facilities, reasonable access shall be given to the GRANTEE by the GRANTOR for the purposes of such maintenance. 4. IT IS FURTHER UNDERSTOOD AND AGREED that all work in connection with the construction, installation, or maintenance of such shall be carried out at all times in a manner satisfactory to the GRANTOR. 5. IT IS FURTHER UNDERSTOOD AND AGREED that this grant is made subject to the satisfaction of the GRANTOR; that any pavement, fence, structure or equipment, and the ground surface and landscaping which may be disturbed on the lands herein described, and any adjacent areas affected by the construction, installation or maintenance of these improvements, shall be restored to the same condition or as good condition as it was before such construction, installation or maintenance was undertaken by the GRANTEE; that upon completion of such construction, installation or maintenance, said GRANTEE shall remove any temporary structures and construction or maintenance debris on or above the surface of the land. Standard Easement/Rev. Jan 03 ATTACHMENT A PARCEL — All that tract, piece or parcel of land hereinafter desi(inated is Parcel ilo. , situate in the Town of Ithaca and city of lthac., County of 'Tompkins and state of New York, as shown on the accompanying map bounded and described as tollowr,. Commencing at a point on the corporation line between said lawn and City of Ithaca, said point being located 831 feet southwesterly of the intersection of the .-orporation line with the present centerline of Stone Quarry koad. Running thence N39001131"W a distance of 33.20 to a point in the east line of lands reputedly of Morey as described in Libor 340 in Deeds at Page 411, Running thence S57014159"W a distance of 10.06 feet to a point located in a 24" maple tree, said point also being the southeast corner of Morey, Running thence S39°01'31"E a distance of E,b.40 feet to a point in the west line of` lands reputedly of McCord, Running thence N57°14159"E along land of McCord for a distance of 10.06 feet to a point, Running thence N3900113111W a distance of 33.2 feet to the point and place of beginning. Said parcel contains 664 square feet of area. Said parcel being a portion of land known as the Ithaca Trail, appropriated by the People of the State of New York (Office of Parks, Recreation, and Historic Preservation) recorded November 2, 1984 in Liber 605 of Deeds at Page 461 at the Tompkins County Clerk's Office. All bearineis herein area referenced to magnetic meridian 1994. I hereby certify that this is an accurate description and map made from an accurate field survey prepared under my direction. T. G. �Millleerr`, P.C. G. DATE: July 18, 1994 A Of N f� 0+9269.. 0 fAND S%30 ............"" Standard EasemendRev Jan 03 STATE Of NEW VONY ATTACHMENT A r OFFICE OF PARKS, REC'NEATION AND NISPPFS�PVATION HOSTF. I. NoNo, COUNTY OF TOMPKINS HOS. ITNA('A TRAII. STONE VUAPN't PnAU TOWN OF TTIIA('A Atli) CITY OF ITHACA, NFW YORK t,IIPVFY NOTES ON FT1•E t•T' Tiff '0'FICE OF T. ::. MIf•LI:P, I'.�. EEJt;INP;I:PS AND SURVF,Y(.I,',. 201 NOPTH AURORA STPfIT ITHACA, NEW Y(1PF I"Pt ,f) 1".605, P.461 TOWN OF ITNACA COI;TITY OF TONIPKINS P/O TAX MAP 40, PLOCY ), PARCEL 14.2 CITY "F ITHACA COUNTY OF TOMPKINS P/O TAX MAP 124, BLOCS; 2, PARCEL 11 f I HA( A WEST, N. Y. llllJbU5lfU2♦ � 1 %9 P.4010VII'VISED 1978 DMA 16110 1 NF SERIES V$21 •;� LOCATIOh1 MAP SOALE 1"� 2000" 1 �ASEME1Ji' /' OCAT 10'-4 MAP No. PARCEL No. 01 fl.>'a H `� h 6 � , fv Co R xJEZ I M BASE 71`7 A �'4W' MAPLEAQ- q- �,�sfi4, 1 0 0 �4\ �'31q¢Fi7oP9 0 a �s� v a. OaL- DOA a' " 'q< Do \O c4 cc0-r EAN -Ip>A(r1 / �-� Of �c q4' CY a w� P�N� 1 �n��,�c, 0. �a(✓�' a. V� -4 1J Ir. � CZ APIAIC SCALE-- 1% 10' PEpPLF_OF TEE STATE_QF NEW YORK (Ppputpd Owner) Standard Easement/Rev Jan 03 4 6. IT IS FURTHER UNDERSTOOD AND AGREED that the easement hereby granted does not convey any interest in the land other than an easement for the purposes hereinabove set forth, and that such easement shall not restrict the use of the land by the GRANTOR provided, however, GRANTOR agrees not to use the property in a manner that would interfere with or injure the sewer line. 7. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE shall remove or relocate said improvement at its own expense, upon request in writing from the GRANTOR, whenever development of a state project requires such removal or relocation. 8. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that the GRANTEE covenants and agrees to defend, indemnify, and hold harmless the State of New York and the Office of Parks, Recreation and Historic Preservation from and against any and all claims, suits, losses, damages, injuries to persons or property arising out of or in connection with the installation, maintenance and operation of said improvement and use of said PREMISES by the GRANTEE, its contractors, subcontractors or agents. 9. THIS INSTRUMENT is granted on the express condition that if the above described easement parcel is used for other than the purpose hereinbefore set forth, or in the event the said improvement located in the above -described easement parcel is discontinued, then in either event, this easement shall terminate and all rights herein granted shall cease. In the event of discontinuance, all improvements installed for such purposes shall be removed by and at the sole cost of the GRANTEE. 10. THIS EASEMENT SHALL NOT be assigned or transferred without the permission of the GRANTOR. 11. THIS AGREEMENT SHALL be binding upon and inure to the benefit of the respective parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed the day and year first above written. THE PEOPLE OF THE STATE OF NEW YORK THROUGH THE COMMISSIONER OF PARKS, RECREkNANDHIS RIC PRESERVATION By: Bernadette Castro, Commissioner and State Historic Preservation Officer ACCEPTANCE _ r Title: r t Payee I.D. Number: 1 J " bCV0g12 (Social Security Number or Federal Tax I D. Number) Standard Easement/Rev Jan 03 ACKNOWLEDGEMENT STATE OF New York ) ) SS.: COUNTY OF kvl S ) q� P � On the IJ day of Y ! , in the year 20 ( ., before me, the, undersigned, a Notary Public in and for said State, personally appeared .0 "—Lr �Y' � too, l! o � 0'ri nlj , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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. CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires December 26, i� NOTARY PUBLIC COMMISSIONER ACKNOWLEDGEMENT STATE OF NEW YORK) ) ss.: COUNTY OF ALBANY) On the day of , in the year 20 05, before me, the undersigned, a Notary Public in and for said 4ate, personally appeared Bernadette Castro, 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 by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC LORRAINE M. DE ROSSI Notary Public, State cf New York No. 4723960 Ouatified in Montgomery County Commission Expires Dec. $1, 2006 Standard Easement/Rev Jan. 03