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Home My WebLink About487601-001Aurora 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 487601 DATE: 03/15/2006 Time: 01:59 PM Document Type: EASEMENT/LEASE INSTRUMENT NUMBER *487601-001 * Delivered By: WILLIAM GOODMAN Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Parties To Transaction TOWN OF ITHACA - ECO VILLAGE Deed Information Consideration: $0.00 Transfer Tax. $0.00 RETT No - Mortgage Information Mortgage Amount Basic Mtge. Tax 01830 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 Tompkins County Clerk 111111111111111111111111111111111111111111111111111111111 RecordiaBFen Return to: BARN Ex GROS MAN, DUBOW & MARCUS Seneca Building West, Suite 400 119 E. Seneca Street Ithaca, New Cork 14350 Attornex. ,rc_. !.�.._. TOWN OF ITHACA SANITARY SEWER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Off of Mecklenburg and West Haven Roads Town of Ithaca Tax Parcel Number: 28.-1-26.22 & 28.4-28.22 THIS INDENTURE made as of the day of October , 2005. BETWEEN: EcoVillage at Ithaca, Inc., EcoVillage Cohousing Cooperative, Inc.. EcoVillage at Ithaca Village Association, Inc. and EcoVillage Song Cooperative, Inc., all collectively referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, GRANTEE has authorized the construction of facilities for and GRANTOR has constructed sanitary sewer transmission, collection and service lateral pipe(s) and appurtenances to GRANTEE'S specifications which by reason of the topography and grades in certain locations must depart from established highways, rights -of -way, easements or other Town property in order to complete the work necessary or reasonable to render proper sewer collection, transmission and service to property owners in the Town of Ithaca, WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer collection, transmission, and service lateral pipe(s) and appurtenances or other facilities cross private property for the above reasons; 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, construct, operate, maintain, repair and replace sanitary sewer collection, transmission and service lateral pipe(s) and appurtenances and such other facilities as are herein described or are incidental to or appropriate in connection with the installation and maintenance of sewer mains, across or upon -1- Eco Village Sewer Easement; WP8.0; Hal; JCB Ithaca General; October 24, 2005 (2:27PM) the lands of the GRANTOR in the Town of Ithaca. The width of the easement is 30 feet, and the approximate location of the center line of the easement is described as follows: Commencing at the end of an existing sewer line in a manhole that is located approximately 3530 feet south of the centerline of Mecklenburg Road and approximately 260 feet west of the centerline of West Haven Road on property now or formerly of Helen DeGraff (Tax parcel 28.-1-28.22, 737 Deeds 141); Thence north 64 degrees 42' 3 5 " west a distance of 473.21 feet to a point in the south line of premises shown as Parcel C on a map entitled Final Plat EcoVillage CoHousing Cooperative Mecklenburg Road, Town of Ithaca, Tompkins County, New York" made by T. G. Miller, P.C. dated May 19, 1995, a copy of which was filed in the Tompkins County Clerk's Office August 10, 1995 in Drawer X as Sheet Number 79; Thence north 64 degrees 42' 3 5 " west a distance of 1127.1 feet to a point in the east line of Parcel B as shown on Sheet 2 of 2 of a map entitled "Subdivision Map Ecovillage Cohousing Cooperative Mecklenburg Road - N.Y.S. Rte. 79 Town of Ithaca, Tompkins County, New York" made by T. G. Miller, P.C. dated June 11, 2001, a copy of which was filed in the Tompkins County Clerk's Office September 21, 2001, in Map Cabinet Number QQ as Sheet Number 45; Thence continuing on the same course approximately 100 feet to a point; Thence approximately north 54 degrees 00' 00" west a distance of approximately 480 feet to the south line of Parcel C as shown on said June 11, 2001 subdivision map. The foregoing easement is shown as "PROPOSED 30" WIDE PERMANENT EASEMENT FOR SANITARY SEWER TO BE CENTERED ON MAIN AS CONSTRUCTED. AREA= 14196 S.F." and as "PROPOSED 30" WIDE PERMANENT EASEMENT FOR SANITARY SEWER TO BE CENTERED ON MAIN AS CONSTRUCTED. AREA= 33815 S.F." on Sheet 1 of 2 of a map entitled "Subdivision Map Ecovillage Cohousing Cooperative Mecklenburg Road - N.Y.S. Rte. 79 Town of Ithaca, Tompkins County, New York" made by T. G. Miller, P.C. dated June 11, 2001, a copy of which was filed in the Tompkins County Clerk's Office September 21, 2001, in Map Cabinet Number QQ as Sheet Number 45; ALSO another 30 foot wide easement running from the first easement above described westerly and northerly to a manhole just beyond a northerly line of Parcel E as shown on the above referenced June 11, 2001, subdivision map, which easement is more particularly described as follows: COMMENCING at a manhole in the first above -described easement at a point approximately 280 feet southeast from the northwest terminus of the first above -described easement; -2- TO _d9va VDVHII AO NMOl V02-T£GZ409 5£ :9T Eco Village Sewer Easement; WP8.0; Hal, JCB Ithaca General; October 24, 2005 (2; 27PM) Thence west -southwesterly a distance of approximately 143 feet to another manhole (SONG Manhole #2); Thence on a slight bend to the right west -southwesterly a distance of approximately 193 feet to another manhole (SONG Manhole #3); Thence on a bend to the right northwesterly passing over SONG Manhole #4 a distance of approximately 409 feet to point five feet beyond another manhole (SONG Manhole #5). The foregoing easement, and part of the first described easement, is shown on a sketch entitled "Permanent Easements For Sewer Lines Through the Lands of Tax Parcel #28.-1- 26.8" a copy of which is attached. The intention is to grant an easement over all the easement area shown on said sketch except for the last northerly strip of 162 feet between SONG manholes #5 and #6. The above descriptions are the approximate locations of the sewer line. The center line of the pipe(s) and manholes as actually laid shall be the actual center line of the easements. 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 All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the easement area, and the sewer pipe(s) and appurtenances (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, the sanitary sewer pipe(s) or other facilities or appurtenances. The GRANTEE will take reasonable steps to restrict its operations to the minimum feasible (as determined by Grantee) width for said easement. 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. 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 pro . 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 -3- EcoUtllage Sewer Easement; WP8.0; Hal; JCB Ithaca General, October 24, 2005 (2.27PM) period as may be applicable. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: NONE This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns and shall run with the land. IN WITNESS WHEREOF, this instrument has been duly executed by each of the GRANTORS. Inc. 0 STATE OF NEW YORK : ss.: COUNTY OF TOMPKINS EcoVillage Cohousing Cooperative, Inc. By: (-'t ,��fr�/ �:-�'�-r� L.S. EcoVillage Song Cooperative, Inc. By: L.S. On the S� day of Oc Oy` in the year 2005 before me, the undersigned, personally appeared -Js 1,W Scan rae d w personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name(.&) is (aiv) subscribed to the within instrument and acknowledged to me that he/sheA#hW executed the same in hisAwE44teir capacity(ies), and that by his/herAheif signature(e) on the instrument, the individual(s), or the person upon behalf of which the individual(s+ acted, executed the instrument. Notary Public ✓ __!AM D. GOODMAN \c a� OLblic, State of ew York Vvco—mission expires oo� ounty -4- Eco Village Sewer Easement; WP8.0; Hal; JCB Ithaca General, October 24, 2005 (2:27PM) STATE OF NEW YORK : ss.: COUNTY OF TOMPKINS N On the_ day of 01-abev- in the year 2005 before me, the undersigned, personally appeared 6-ac- rd -P� personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/AwAhey executed the same in his/kerAheir capacity(ies), and that by his/herkheir signatures) on the instrument, the individual(s), or the person upon behalf of which the individual(-&) acted, executed the instrument. (J' /lSt^ Notary Public STATE OF NEW YORK : ss.: COUNTY OF TOMPKINS State of New Ycxv r-M,' —:r expires —z� job -- in r- (.nurdty On the)-� day of At) ev- in the year 2005 before me, the undersigned, personally appeared (A" gyp -personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name(*) is (ire) subscribed to the within instrument and acknowledged to me that he/she%key executed the same in his/her/their capacity(ie*), and that by 14siiher/*&-irwsignatureW on the instrument, the individual(s), or the person upon behalf of which the individual* acted, executed the instrument. STATE OF NEW YORK : ss.: COUNTY OF TOMPKINS Notary Public .• __ir' U. �7�l�i�Jt�i�til,� = r PuL,'ic, State of New Yorr �-missicr. expires io a-' On the l'day of in the year 2005 before me, the undersigned, personally appeared CA-111F;s personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(&) is (ere) subscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in his4terftheir capacity(-i*, and that by his/4erAheir signature(s) on the instrument, the individual(-s), or the person upon behalf of which the individual(g) acted, executed the instrument. Notary Public -5- VL! !AM D. G0(jDi,1pJ, Public, State of New Y ork co^lmission expires 16e Cc,rnt.