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HomeMy WebLinkAbout487455-001D Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 6 Receipt No 487455 DATE. 03/13/2006 Time: 01:33 PM Document Type: EASEMENT/LEASE Parties ToTransact on: BUCKEYE PIPE LINE INSTRUMENT NUMBER *487455-001* Delivered By: BUCKEYE GP LLC Return To: LIND CONRAD ENV Deed Information Mortnaae Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No- 01807 Special Mtge. Tax: rruumunai roage. i ax: 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 1111111111111111111 N 1111111111111111111111111111 PARTIAL RELEASE OF EASEMENT KNOW ALL MEN BY THESE PRESENTS that BUCKEYE PIPE LINE TRANSPORTATION LLC., a Delaware limited liability company, having an office at 5002 Buckeye Road, P. O. Box 368, Emmaus, Pennsylvania 18049-0368, hereinafter referred to as "Grantor," for and in consideration of the sum of One Dollar ($1.00), received to its fullest satisfaction from the TOWN OF ITHACA, a municipality having a principal address of 215 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as "Grantee," does hereby quitclaim, release, and surrender unto said Grantee, its successors and assigns, all of Grantor's easement rights, title, and interest in and to that certain property located in the Town of Ithaca, Tompkins County, New York, as described in that certain Deed dated December 29, 2004, from Helen DeGraff Family Real Estate, LLC to Town of Ithaca, recorded as Instrument No. 466347-001 of Tompkins County Records and further described on Exhibit "A," attached hereto and made a part hereof. It is the intent and purpose of this instrument to quitclaim, release and surrender the above -described premises from the lien and operation of that certain easement and right-of-way Page I of 3 LOT F ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: To find the point of beginning, start at a point in the center litre of West Haven Road, which point is the northeasterly comer of lands now or formerly of June Fay Alex Revocable Trust (430250-001); THENCE North 79 degrees 41 minutes 20 seconds West, passing through an existing pipe found at 24.79 feet, a total distance of 339.57 feet to a point in the northwesterly corner of June Fay Alex Revocable Trust (430250-001); THENCE North 79 degrees 41 minutes 14 seconds West 339.22 feet to an existing rebar with cap found in the northwesterly comer of lands now or formerly of Henry (596/20); THENCE South 12 degrees 56 minutes 21 seconds West 60.00 feet to a 3/4-inch rebar set with cap in the westerly line of Henry (596/20), said point being the POINT OF BEGINNING; THENCE South 12 degrees 56 minutes 21 seconds West 139.90 feet to an existing rebar with cap found in the southwesterly comer of Henry (596/20); TITENCE South 79 degrees 39 minutes 51 seconds East 340.07 feet to the southeasterly corner of Henry (596/20); THENCE South 13 degrees 49 minutes 01 seconds West 206,04 feet to an existing pipe found in the southwesterly comer of lands now or formerly of Garrard (CD2504,4095); THENCE South 13 degrees 31 minutes 13 seconds West 96.80 feet to an existing 5/8- inch rod found in the southwesterly corner of lands now or formerly of Harkin and King (861 /259); THENCE South 12 degrees 17 minutes 53 seconds West 97.01 foot to an existing pipe found in the southwesterly corner of lands now or formerly of Hilton (590/201). THENCE South 12 degrees 23 minutes 25 seconds West 97.16 feet to an existing pipe found in the southwesterly comer of lands now or formerly of Tallmadge (7751317). THENCE North 80 degrees 20 minutes 52 seconds West 150.00 feet to a 3/4-inch rebar set with cap; THENCE South 09 degrees 12 minutes 33 seconds West 374.66 feet to a 3/4-inch rebar set with cap in the northerly line of lands now or formerly of Luft (59&104); THENCE North 78 degrees 23 minutes 43 seconds West 171.62 feet along the center line of a ditch to an existing pipe found in the northwesterly corner of Luft (598/104); THENCE South 11 degrees 09 minutes 49 seconds West 157.29 feet to a 3/4-inch rebar set with cap in the westerly line of Luft (598/104); THENCE North 80 degrees 06 minutes 07 seconds Nest, passing through a 3/4-inch rebar set with cap at 51,75 feet in the northeasterly corner of lands now or formerly of Miller and Miller (CD2504/8659), and passing through existing pipes found at 352.80 feet and 377.95, a total distance of 452.98 feet to an existing rebar found in the northerly line of lands now or formerly of Leftwich (704/73); THENCE North 80 degrees 00 minutes 12 seconds West 81.21 feet to a 3/4-inch mbar set with cap in the northerly line of Leftwich (704/73), THENCE North 10 degrees 48 minutes 53 seconds But, passing through a 3/4-inch rebar set with cap at 275.05 feet, a total distance of 375.05 feet to a 3/4-inch rebar set with cap in the southerly line of lands now or formerly of EcoVillage of Ithaca, Inc. (673/27. 678/330, 686/310); THENCE South 79 degrees 35 minutes 42 seconds East 479.00 feet to a 3/4-inch rebar set with cap in the southeasterly corner of EcoVillage of Ithaca, Inc. (673/27, 678/330, 696/310); THENCE North 10 degrees 10 minutes 20 seconds East 795.27 feet along the easterly line of EcoVillage of Ithaca, Inc. (678/27, 673/330, 6861310) to a 3/4-inch rebar set with cap; THENCE South 79 degrees 49 minutes 40 seconds East 61,77 feet to the point or place of beginning, containing 10.742 acres. SUBJECT TO the following insofar as they may affect the above -described premises: 1. Easements from Helen DeGrafr to EcoVillage at Ithaca, Tnc., by instrument dated May 15, 1995, and recorded April 19, 1996, in the Tompkins County Clerk's Office in Liber 769 of Deeds at page 324. 2. An easement fkom Marion D. Fitchpatrick and Amy Fitchpatrick to Now York State Electric & Gas Corp. by instrument dated May 23, 1944, and recorded August 5, 1944, in the Tompkins County Clerk's Office in Liber 259 of Deeds at page 490. 3. An casement from Homer R. DeGraff and Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated October 28, 1954, and recorded December 17, 1954, in the Tompkins County Clerk's Office in Liber 374 of Deeds at page 25. Page 2 of 3 4. An easement from Helen M. DeGmff and Homer R. DeGraff to Ncw York State Electric & Gas Corp. by instrument dated November 10, 1954, and recorded January 8, 1955, in the Tompkins County Clerk's Officc in Libor 374 of Deeds at page 454. 5. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated November 16, 1957, and recorded November 26, 1957, in the Tompkins County Clerk's Office in Libcr 402 of Deeds at page 99. 6. An easement from Helen M. DeGraff to New York State Electric &. Gas Corp. by instrument dated September 16, 1958, and recorded December 10, 1958, in the Tompkins County Clerk's Office in Liber 413 of Deeds at page 67. 7. An casement from Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated October 30, 1984, and recorded December 14, 1984, in the Tompkins County Clerk's Office in Liber 606 of Deeds at page 64. 8. An easement from Helen M. DcGraff to New York Telephone Co. by instrument dated July 3, 1975, and recorded July 7, 1978, in the Tompkins County Clerk's Office in Liber 546 of Deeds at page 258. 9. A sewer line easement from Helen M. DeGraff to the Town of Ithaca by instrument dated May 19, 1992, and recorded June 11, 1992, in the Tompkins County Clerk's Office in Libor 677 of Deeds at page 3. 10. A right of way .from Halm DeGraff, by Homer R. DeGraff, attorney in fact, to Priscilla Livingston Senior by instrument dated November 18, 1955 and recorded November 22, 1955 in the Tompkins County Clerk's Office in Libor 383 of Deeds at page 381, 11. An casement from Helen DeGraff to New York State Electric and Gas Corporation by instrument dated October 12, 1995 and recorded December 26, 1995 in the Tompkins County Clerk's Officc in Liber 764 of Deeds at Page 1, 12, A sewer line easement from Helen DeGraff to the Town of Ithaca by instrument dated May 1, 2002 and recorded June 3, 2002 in the Tompkins County Clerk's Office in Libor CD2507 at Page 2672. BEING a portion of the premises conveyed to the grantor herein by warranty deed from Helen DeGraff to Helen DeGraff Family Deal Estate LLC dated December 13, 2002 and recorded January 23, 2003 in the Tompkins County Cleric's Office as Instrument number 425749-001, A warranty deed of correction regarding this same parcel was conveyed by Helen DeGraff to the Grantor on May 29, 2003 and recorded on the some day in the Tompkins County Clerk's Office as Instrument number 433333-001. The above -described premises are shown as Lot F on a survey map entitled "Final Subdivision Plan for Mountin Subdivision, Town of Ithaca, Tompkins County, Now York" dated November 5, 2004, prepared by Williams & Edsall Land Surveyors, which survey map is incorporated herein by reference and is intended to be filed in said Clark's Office. Part of Town of Ithaca Tax Parcel 28.-1-28.2 LOT G ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: BEGINNING at a point in, the center line of West Haven Road, which point is the southeasterly corner of lands now or formerly of Peluso (445384-001); THENCE South 11 degrees 50 minutes 34 seconds West 49.74 feet along the center line of West Haven Road to a point, which point is the northeasterly corner of lands now or formerly of June Fay Alex Revocable Trust (430250-001); THENCE North 79 degrees 41 minutes 20 seconds West, passing through an existing pipe found at 24.79 feet, a total distance of 339.57 feet to a point in the northwesterly comer of June Fay Alex Revocable Trust (430250-001); THENCE North 79 degrees 41 minutes 14 seconds West 339.22 feet to an existing rebar with cap found in the northwesterly comer of lands now or formerly of Henry (596/20); THENCE South 12 degrees 56 minutes 21 seconds West 60.00 feet to a 3/4inch rebar set with cap in the westerly line of Henry (596/20); THENCE North 79 degrees 49 minutes 40 seconds West 61.77 fact to a 3/4-inch mbar set with cap in the easterly line of lands now or formerly of EeoVillage of Ithaca, Inc. (678/27, 679/330, 686/310); THENCE North 10 degrees 10 minutes 20 seconds East 112.55 fact to an existing rebar found in the southwesterly corner of lands now or formerly of Villafane (897/234); THENCE South 79 degrees 50 minutes 09 seconds East 264.55 feet to an existing pipe Page 3 of 3 found in the southerly line of Villafane (997/234); THENCE South 79 degrees 22 minutes 37 seconds East 105,99 feet to an existing pipe found in the southwesterly corner of Peluso (445394-001); THENCE South 79 degrees 15 minutes 08 seconds East, passing through an existing rcbar found at 349.73 feet, a total distance of 374.48 feet to the point or place of beginning, containing 0.975 acre. SUBJECT TO the rights of the public in and to that portion of the premises that lies within the bounds of West Haven Road, SUBJECT TO the fallowing insofar as they may affect the above -described premises: 1. Easements from Helen DoGraffto EcoVillage at Ithaca. Inc., by instrument dated May 15, 1995, and recorded April 19, 1996. in the Tompkins County Clerk's Orrice in Libor 769of Deeds at page 324. 2. An easement from Marion D. Fitchpatrick and Amy Fitchpatriek to New York State Electric & Gas Corp. by instrument dated May 23, 1944, and recorded August 5, 1944, in the Tompkins County Clerk's Office in Libor 259 of Deeds at page 490. 3. An easement from Homer R. DeGraff and Helen M. DeGraff to New York State Electric & Gas Corp, by instrument dated October 28, 1954, and recorded December 17, 1954, in the Tompkins County Clerk's Office in Libor 374 of Deeds at page 25. 4. An easement from Helen M. DeGraff and Hooter R. DeGraff to New York State Electric & Gas Corp. by instrument dated November 10, 1954, and recorded January 8, 1955, in the Tompkins County Clerk's Office in Liber 374 of needs at page 454. 5. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated November 16, 1957, and recorded November 26, 1957, in the Tompkins County Clerk's Office in Libor 402 of Deeds at page 99. 6. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated September 16, 1958, and recorded December 10, 1958, in the Tompkins County Clerk's Office in Liber 413 of Deeds at page 67. 7. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by instrument dated October 30, 1984, and recorded December 14, 1984, in the Tompkins County Clerk's Office in Liber 606 of Deeds at page 64. 8. An easement from Helen M. DeGraff to New York Telephone Co, by instrument dated July 3, 1975, and recorded July 7, 1978, in the Tompkins County Clerk's Office in Libor 546 of Deeds at page 258. 9. A sewer line easement ffom Helen M. DeGraff to the Town of Ithaca by instrument dated May 19, 1992, and recorded June It, 1992, in the Tompkins County Clerk's Office ii+ Liber 677 of Deeds at page 3. 10. A right of way from Helen DcGraff, by Homer R DcGraffi attorney in fact, to Priscilla Livingston Senior by instrument dated November 18, 1955 and recorded November 22, 1955 in the Tompkins County Clerk's Office in Liber 383 of Deeds at page 381. 11. An easement from Helen DeGmff to New York State Electric and Gas Corporation by instrument dated October 12, 1995 and recorded December 26, 1995 in the Tompkins County Clerk's Office in Liber 764 of Deeds at Page 1. 12, A sewer line casement from Helen DeGraff to the Town of Ithaca by instrument dated May 1, 2002 and recorded June 3, 2002 in the Tompkins County Clerk's Off ce in Liber CD2507 at Page 2672. BEING a portion of the premises conveyed to the grantor herein by warranty deed from Helen DeGraff to Helen DeGraff Family Real Estate LLC dated December 13, 2002 and recorded January 23, 2003 in the Tompkins County Clerk's Office as Instrument number 425748-00) . A warranty deed of correction regarding this same parcel was conveyed by Helen DeGraff to the Grantor on May 29, 2003 and recorded on the same day in the Tompkins County Clerk's Office as Instrument number 433333-001. The above -described premises we shown as Lot G on a survey map entitled "Final Subdivision Plan for Mountin Subdivision, Town of Ithaca, Tompkins County, New York" dated November 5, 2004, prepared by Williams & Edsall Land Surveyors, which survey map is incorporated herein by reference and is intended to be filed in said Clerk's Office. Part of Town, of Ithaca Tax Parcel 28--1-28.2 4 w'lovOl *.h c" a - a ■ vp for pipelines, dated and recorded in the office of the Recorder of Tompkins County, New York, as follows: To (Original Grantee) Date Recorded (Tompkins County) Socony-Vacuum Oil Company, February 5, 1941 Liber 259 of Deeds, Page 33 Incorporated Said easement and right-of-way having been acquired by Grantor herein by mesne conveyances; WITHOUT, HOWEVER, affecting in any manner the lien and operation of said easement and right-of-way upon the remainder of the premises therein described, if any, as to which said easement and right-of-way shall remain in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this 4 day of . '� , 2006. Signed and acknowledged Prin d Name n.'i_) A Pri to ame TO" (YA L.Q. k opt h ffl 7_1011L07 7 BUCKEYE PIPE LINE TRANSPORTATION LLC By: oy R. aase, Jr. Assistant Secretary and Manager, Right of Way and Permits 2 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LEHIGH ) On the 9 day of (" '� b r ua_o^ , 2006, the above -named Roy R. Haase, Jr., as Assistant Secretary and Manager, Right o Way and Permits, personally appeared before me and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of BUCKEYE PIPE LINE TRANSPORTATION LLC, a Delaware limited liability company. THIS INSTRUMENT PREPARED BY Stephen C. Muther, Attorney Buckeye Partners, L.P. P. O. Box 368 Emmaus, PA 18049-0368 Not PjAlic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joy M. Lehman, Notary Public Emmaus Boro, Lehigh County MY Commission Expires Sept. 13,2009 Member, Pennsylvania Association of Notaries RETURN RECORDED DOCUMENT TO: Right of Way Department Buckeye Partners, L.P. P. O. Box 368 Emmaus, PA 18049-0368