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Home My WebLink About500875-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 3 Receipt No, 500875 DATE: 12/07/2006 Time: 02:03 PM Document Type: EASEMENT/LEASE Instrument Number *500875-001* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transaction: SPITSBERG -TOWN OF ITHACA Deed Information Consideration: $0.00 Mortgage Information Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 01 162 Special Mtge. Tax County Transfer Tax- $0.00 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 111111111111111111111111111111111111111111111111111111111111 SEWER EASEMENT THIS EASEMENT granted this 3day of /�cv, 2006 by VERA SPITSBERG, of 87 Uptown Road, G-206, Ithaca, New York 14850 (hereinafter referred to sometimes as "Spitsberg" and sometimes as party of the first part), and the TOWN OF ITHACA, a municipal corporation formed in accordance with the laws of the State of New York, having its principal office at 215 N. Tioga Street, Ithaca, New York 14850 (hereinafter referred to sometimes as "Town" and sometimes as party of the second part). WITNESSETH: WHEREAS, Spitsberg is the owner of and developer of the Wildflower Subdivision (Town of Ithaca tax parcel number 60-1-25.2) situate on Wildflower Drive in the Town of Ithaca, Tompkins County, New York, and WHEREAS, the Town of Ithaca Zoning Board granted Spitsberg's appeal for an area variance in connection with the Wildflower Subdivision by resolution number 2005-040 on August 16, 2005, as shown on the final plat map entitled "SPITSBERG-WILDFLOWER SUBDIVISION, Wildflower Drive, Town of Ithaca, Tompkins County, New York" dated August 26, 2005, a copy of which is to be filed in the Tompkins County Clerk's Office; and WHEREAS, the conditions of the variance grant for such subdivision provide for the dedication to the Town of, among other things, sanitary sewer rights in the form of easement rights; NOW THEREFORE, the parties hereto agree as follows: 1. Spitsberg, for good and valuable consideration received, hereby grants and conveys a permanent and perpetual easement over the premises described on Schedule A attached hereto for the construction, maintenance, and replacement of sanitary sewer lines. 2. This easement includes the right to lay, construct, operate, maintain, alter, clean and repair the sanitary sewer mains and the right to lay, construct, operate, maintain, alter, clean, repair, remove, replace, or change the size of associated valves, pumps, manholes and underground pipes with all the appurtenances necessary therefore, including the right to reasonably trim and or remove trees, shrubs, and other obstructions within the easement area. 3. Spitsberg further grants the right of reasonable access from the adjacent public road for the purpose of laying, constructing, operating, maintaining, altering, and repairing the sanitary sewer infrastructure and for the purpose of laying, constructing, operating, maintaining, altering, repairing, cleaning, removing, replacing or changing the size of pipes, associated valves, pumps, manholes, underground pipes and appurtenances. Such reasonable access shall not cause damage to the other premises of Spitsberg or others located outside the easement. Page I of 3 4. Spitsberg, for themselves, their heirs, successors and assigns, covenant and agree that no buildings or structures shall be constructed within the aforesaid permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees, and agents, to lay, inspect, operate, maintain, alter, clean, or repair the sanitary sewer infrastructure or to lay, inspect, operate, maintain, alter, repair, clean, remove, replace, or change the size of said valves, pumps, manholes, underground pipes, and appurtenances, it being agreed that the words, "buildings or structures", do not include roadways, driveways, parking lots, or similar improvements, whether paved, or unpaved, which shall be permitted so long as the same, in the reasonable judgment of the Town, do not materially interfere with access by the Town to the easement areas provided for herein and the lines and appurtenances constructed therein by the Town. 5. The Town, its successors, assigns, employees, agents, or contractors will use reasonable efforts in maintaining the sewer system to preserve trees, vegetation, and wildlife habitat consistent with the purposes of this easement. Any trimming, clearing, or other acts affecting trees, vegetation, or wildlife habitat shall be conducted only to the minimal extent necessary to accomplish the purposes of this easement so as to protect and preserve the trees, vegetation, and wildlife habitat as much as possible. However, the Town, its successors, assigns, employees, agents, or contractors shall make the final determination on the scope of the work needed to accomplish the purposes of this easement and shall perform the work necessary to maintain the sewer system in the easement area. Spitsberg understands that it is the Town's normal policy to mow at least annually any easement area utilized for sanitary sewer purposes so as to prevent the growth of roots from trees in the sanitary sewer pipes and appurtenances. Spitsberg understands and agrees that continuation and implementation of such policy on the easement area hereunder shall not be a violation of the terms of this easement. 6. Except to the extent that surface changes are required to maintain the present drainage system, whenever the surface is disturbed in the exercise of the easement rights herein granted, the Town, its successors, assigns, employees, agents, or contractors, will reasonably restore, at Town expense, the surface to the condition that existed immediately prior to such disturbance including restoration or replacement of disturbed asphalt, concrete, or other surface ground level improvements provided that such condition is not inconsistent with the conditions required by the Town in the exercise of its rights under this easement. 7. All equipment, materials, and other property belonging to the Town, 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 Town. 8. If any damage is caused to Spitsberg's property in the exercise of the rights granted under this easement (other than damages reasonably necessary to accomplish the Town's purposes for obtaining this easement), or if Spitsberg's property has not been properly restored by the Town to the extent required by this Sewer Easement, Spitsberg shall give prompt and due notice in writing to the Town 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. 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 under this easement grant. Any action against the Town Page 2 of 3 must be commenced within two years from the happening of the event upon which Spitsberg's claim is based or within such shorter statutory period as may be applicable. 9. This easement and agreement shall be binding upon the parties hereto, their respective distributees, heirs, successors and assigns and shall run with the land. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day first above written. V��:��' VERA SPITSBERG TOWN OF ITHACA By: � D-�,. L/&n. z' STATE OF NEW YORK ) COUNTY OF TOMPKINS On the -1 day of (' the year 2006 before me, the undersigned, a Notary Public in and for said State, personally appeared, 6j �� yja*v 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. �I Notary Public CARRIE WHITMORE STATE OF NEW YORK ) Notary Public, State of New York COUNTY OF TOMPKINS )ss" NoToga County OIWH677 Commission Expires December 26, 'Raxe On the day of/tAe469' in the year 2006 before me, the undersigned, a Notary Public in and for said State, personally appeared, VERA SPITSBERG 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 she executed the e in her capacity, and that by her signature on the instrument, the individual, or the person on half of which the individual acted, executed the instrument. Notary Public RANDALL MARCUS Notary Public, States of New York No.02%1A4367141 Qualif+,�d in Tompkins County e Page 3 of 3 Commission Expires fvlay 29, 20r