HomeMy WebLinkAbout501154-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 2
Receipt No. 501154
DATE: 12/12/2006
Time: 04:22 PM
Document Type: EASEMENT/LEASE
Parties To Transaction: WIGGINS - T/ITHACA
Deed Information
Consideration: $0.00
Instrument Number
*501154-001 *
Delivered By: WIGGINS, KOPKO & CRANE
Return To:
WIGGINS, KOPKO & CRANE
308 N TIOGA ST
PO BOX 399
ITHACA, NY 14851
MortciaAe Information
Mortgage Amount
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 01 197 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
dtao' e VL-,t- -
11111111111111111111111111111111!111111111111111111111111111Clerk
FIGHT -OF -WAY AND EASEMENT
THIS INDENTURE is made this L_day of November, 2006, by and between
WALTER J. WIGGINS, 1150 Danby Road, Ithaca, New York 14850 ("Grantor")
and the TOWN OF ITHACA, an incorporated municipality of the state of New
York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (the
"Town").
WITNESSETH: That the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration paid by the Town, the receipt
and sufficiency of which are hereby acknowledged by the Grantor and the Town,
does hereby grant and release unto the Town, its successors and assigns forever, a
RIGHT-OF-WAY and EASEMENT to make observations of, inspect, maintain,
alter, repair, remove, replace or change the size of drainage, stormwater and/or
sediment control facilities, including ditches, ponds, and other and related
appurtenances and devices, together with the rights of free ingress and egress in,
over, upon and under the below -described parcels of land, such parcels being the
areas of the permanent easements and rights -of -way, and including the right to
trim and/or remove obstructing trees, shrubs and other obstructions on said
parcels of land situate in the Town of Ithaca, County of Tompkins and State of New
York, all as more particularly shown on the drawing "Site and Demolition Plan" on
tax parcel 36.4-4.5.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures shall be constructed within the aforesaid right-of-way and
permanent easement which will in any way interfere with complete access by the
Town, its successors, assigns, employees and agents to make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other
and related appurtenances.
AND, Grantor further covenants and agrees:
1. Grantor, for himself and all of his successors and assigns, covenants and
agrees that no buildings or structures shall be constructed within the aforesaid
right-of-way and permanent easement which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to make
observations of, inspect, maintain, alter, repair, remove, replace or change the size
of any drainage, stormwater and/or sediment control facilities, including ditches,
ponds, and other and related appurtenances.
2. Grantor, for himself and all of his successors and assigns, covenants and
agrees that no trees or other plants will be planted or cultivated that may
interfere with the said easement and right-of-way.
3. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will not permit or conduct any mining, excavation, construction or
blasting within said easement and right-of-way.
4. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will not engage in any conduct, directly or indirectly, that blocks,
obstructs, or interferes with the ingress and egress rights of the Town, its
successors, assigns, employees and agents.
5. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he will place the following provision in all conveyances of the
property or portions thereof covered by this easement, or any rights therein:
11 /14/06
a
"Being the purpose of the said drainage easement and right -of way
to convey rights to the Town of Ithaca for drainage, storm sewer,
sediment control and stormwater management purposes, including
the conveyance of rights to said Town to make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of
drainage, stormwater and/or sediment control facilities, including
ditches, ponds, and other and related appurtenances and devices,
together with the rights of free ingress and egress in, over, upon
and under the below- described permanent easement and right-of-
way, and including the right to trim and/or remove trees, shrubs and
other obstructions: all of which rights are (1) set forth in a permanent
easement and right-of-way granted to the Town, the terms,
obligations and conditions of which are expressly incorporated
herein, and (2) assignable by the said Town to any successor or
assign, or to any Drainage District now existing or hereafter to be
formed."
AND FURTHER, Grantor and the Town acknowledge that the easement and
rights -of -way hereby granted are fully assignable by the Town, without
prejudice or recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day
and year first above written.
IN PRESENCE OF
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss:
On the /-7 day of in the year 200(a before me, the undersigned, personally
appeared WA &@ -J: U_1i A4;x5 , 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 in t.
ROBIN K. SHEEHAN Aa -)
Notary Public, State of New Yur�Notary Public
Official No. 01 SH4807308
Qualified in Cayuga Count}
Nly Cummissian Fxpiraq,June 30. ,;)U/O
11/14/06 2