HomeMy WebLinkAbout501209-001Aurora 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. 501209
DATE: 12/13/2006
Time: 03:45 PM
Document Type: MISC RECORDS
Parties To Transaction: SPITSBERG
Deed Information
Consideration:
Transfer Tax:
RETT No:
County Transfer Tax:
State of New York
Tompkins County Clerk
Instrument Number
*501209-001 *
Delivered By: BARNEY GROSSMAN DUBOW M
Return To:
BARNEY GROSSMAN DUBOW MARCUS
SENECA BUILDING WEST SUITE 400
119 EAST SENECA STREET
ITHACA, NY 14850
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
Special Mtge. Tax:
Additional Mtge. Tax:
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
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Tompkins County Clerk
I 11111111111111111111 IN 11111111111111111111 IIII
DECLARATION OF EASEMENT RIGHTS FOR SEWER AND WATER LINES
THIS DECLARATION OF EASEMENT RIGHTS is made as of this 5i, day of
�, 2006 by VERA SPITSBERG, of 87 Uptown Road, G-206, Ithaca, New York 14850
(hereinafter referred to as "Spitsberg"), in accordance with the requirements of 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 North Tioga Street, Ithaca, New York 14850 (hereinafter referred
to as "Town").
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 condition stated at Section 3(c) of the variance grant for such subdivision
provides for Spitsberg to establish appropriate easements for installation of water and sewer lines
across the three (3) lots in the Wildflower Subdivision;
lots:
NOW, THEREFORE, Spitsberg hereby establishes easements across the three (3) subdivision
1. There is hereby granted and conveyed (a) for the benefit of Lot I of the Wildflower
Subdivision an easement to cross Lot 2 and Lot 3 for the purposes of installation of
a sanitary sewer line to serve the improvements to be constructed on Lot 1, (b) for the
benefit of Lot 2 an easement to cross Lot 3 for the purposes of installation of a
sanitary sewer line to serve the improvements to be constructed on Lot 2, and (c) for
the benefit of Lot 2 an easement to cross Lot 1 for the purposes of installation of a
water line to serve the improvements to be constructed on Lot 2, all of said sewer
lines and water lines to run in approximately the locations depicted on the
"Engineering Plan, Sheet C 100," submitted to and approved by the Town in
connection with the Town's approval of the Wildflower Subdivision (the
"Engineering Plan").
2. All of said easements are permanent and perpetual easements over the premises
described on the Engineering Plan for the construction, maintenance, and
replacement of said sanitary sewer lines and said water line.
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3. These easements includes the right to lay, construct, operate, maintain, alter, clean
and repair the sanitary sewer lines and water lines 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 therefor, including the right to reasonably trim and or
remove trees, shrubs, and other obstructions within the easement areas.
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 areas which will in any way interfere with complete access by the
benefitted Lot owner, its successors, assigns, employees, and agents, to lay, inspect,
operate, maintain, alter, clean, or repair the sanitary sewer or water line 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, do not materially interfere with access to the
easement areas provided for herein and the lines and appurtenances constructed
therein.
5. Each benefitted Lot owner, its successors, assigns, employees, agents, or contractors
will use reasonable efforts in maintaining the sewer lines and water lines 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 these easements so as to protect and preserve the trees, vegetation, and wildlife
habitat as much as possible.
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, each benefitted Lot owner, its successors, assigns, employees,
agents, or contractors, will reasonably restore, at the benefitted Lot owner's 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.
7. The easements granted hereby shall be binding upon the owners of each of the
respective lots of the Wildflower Subdivision, their respective distributees, heirs,
successors and assigns and shall run with the land.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day first
above written.
VERA SPITSB RG
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On the iday of 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 same in her capacity, and that by her
signature on the instrument, the individual, or the pers7uphe�alwhich the individual acted,
executed the instrument.l
otaryPublic
RA'JDAt L MARCUS
Notary Pubiic, State of New York
No. 02RA A4967141
Qualif:ad in Tompkins County
Commission Expires May 29, 20/-d
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