The URL can be used to link to this page

Home My WebLink About511359-001Aurora 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. 511359 DATE: 07/09/2007 Time: 09:40 AM Document Type: EASEMENT/LEASE Parties To Transaction: ZHANKOV Instrument Number *511359-001 * Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Deed Information Mortgage Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 03441 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 STORM WATER MANAGEMENT EASEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 109 Southwoods Drive, Lot # 39 Southwoods Subdivision Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 46, —1-151 P ),,�1 THIS INDENTURE made the a %� day of-Me2007 BETWEEN: Viktor Zhankov of 18 Hunter Lane, Ithaca, New York 14850 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 call Grantee, its successors and assigns, WITNESSETH: WHEREAS the Grantor is the owner of real property in the Town of Ithaca known as 109 Southwoods Drive, Lot 39 Southwoods Subdivision, and there encroaches thereon a portion of the storm water mana€ ement detention pond required by the Town of Ithaca as part of the facilities for a storm water niar9gement system of the Southwoods Subdivision; and WHEREAS said encroachment is more particularly shown on a survey map entitled "SURVEY MAP LANDS OF SOUTHWOODS SUBDIVISION, MILITARY LOT 99, TOWN OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK" made by Michael John Reagan, LS. No. 049892 dated March 1, 2007 a copy of which is incorporated herein by reference and intended to be filed concurrently herewith; and WHEREAS the Grantor is willing to grant an easement to the Grantee for the said encroachment and incident activities necessary for the operation and maintenance of said systems in accordance with the subdivision approval given by the Grantee. NOW THEREFORE, in consideration of the covenants had herein and those heretofore had the Grantor does hereby grant to the Grantee its successors and assigns forever: A permanent easement for that portion of the storm water detention pond which encroaches upon the premises of the Grantor as shown on the survey map above referenced to permit the Grantee to enter upon, construct, operate, maintain, repair and replace said encroachment and incident facilities and appurtenances or such other facilities as are herein described across or upon the lands of the Grantor in the Town of Ithaca and in accordance with subdivision sewer plans dated January 15, 1989 as shown on the Plat Map of said subdivision entitled "FINAL PLAT OF SOUTHWOODS SUBDIVISION PO MILITARY LOT 99, TOWN OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK' made by George Schlecht L.S. dated Februaryl7, 1989 which plat was approved by the Town Planning Board on August 23, 1989 and a copy of which was filed in the Tompkins County Clerk's Office on October 27, 1989 in Drawer 0 at Sheet 13. 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 for the construction, maintenance, operation or repair of or cause injury or damage to the sewer pipes or the facilities or appurtenances. The Grantee will take reasonable steps to restrict its operations to the minimum feasible width/area for said easement whenever any work is done on the Grantor's, their successors, and/or assigns, premises. It is agreed that, without expense to the owner, all construction/maintenance debris will be removed; will be restored to substantially the same condition it was in before any such work was done in so far as such restoration is reasonably possible. To the greatest extent reasonably possible and subject to the necessary requirements of the project being undertaken, the exercise of rights under this easement shall be done so as to minimize environmental damage and/or consequences. If any damage is caused to the Grantor's, their successors and or assigns, property or if such property has not been properly restor 911by the Grantee the Grantor, their successors and or assigns, shall give prop�d due otice to the Grantee. Town of Ithaca/ BY: cm? t ,,I- — STATE OF NEW YORK ) ss COUNTY OF TOMPKINS ) ALY-f— On this 2 -7*day of IW 2007 before me, the undersigned personally appeared Viktor Zhankov personally know 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/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the pe son upon behalf of which the individuals acted, executed this instrument. Notary Public KAREN N. BESEMER Notary Public. State of New York STATE OF NEW YORK ) No. 01 BE6003119 Qualified in Tompkins County_ ss Commission Expires Feb. 23, J COUNTY OF TOMPKINS ) On this day of 4a 007 before me, the undersigned personally appeared personally know 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/he exec e t same in her/his c pacrity, and that by her/his signature on the instrument, the ' 'v' r the rsn on behalf . of which the individuals acted, executed this 'nstr ent. Notary Public PAULEM NEILSEN No"I public, State of New 114Xk No. 01 NE6156M Qualified in Tioga Counhl GWvdesion Expires Dw*mbw 4. 20L: