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Home My WebLink About518885-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 4 Receipt No. 518885 DATE: 12/11 /2007 Time: 11:34 AM Document Type: EASEMENT/LEASE Instrument Number *518885-001 * Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Parties To Transaction: FLATT TO TOWN OF ITHACA Deed Information Mortgage Information Consideration: $3,000.00 Mortgage Amount Transfer Tax: $12.00 Basic Mtge. Tax: RETT No: 01464 Special Mtge. Tax: County Transfer Tax: $6.00 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 Clerk IIIIII IIIII IIIII IIIII Tompkins IIIII IIII IIIIII IIIII IIIII IIII IIII SEWER RIGHT-OF-WAY AND AMENDED EASEMENT This Indenture is made this day of November, 2007, by and between JOAN K. FLATT AND SCOTT W. FLATT, of 660 Sterling Park, Cortland NY 13045, the parties of the first part AND The TOWN OF ITHACA, having its principal office at 215 North Tioga Street, Ithaca, New York 14850, the party of the second part. WTTNESSETH: That the parties of the first part, inconsideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns, A RIGHT-OF-WAY AND EASEMENT to lay, construct, operate, maintain, alter, repair, remove, replace or change the size of a municipal sewer drains, pipes and mains, with all appurtenances necessary therefor, including the right to trim and/or remove trees, shrubs and other obstructions in a parcel of land situate in the Town of Ithaca, County of Tompkins and State of New York, being further known and identified as a portion of 211 Park Lane in the Town of Ithaca, Town of Ithaca Tax Map Parcel No. 56.-3-26.5, and said permanent easement being more particularly described upon Schedule A, made a part hereof, and more particularly shown upon a Survey Map entitled "Lands of Scott W. Flatt & Joan K. Flatt, 79 Park Lane - Town of Ithaca - Tompkins County - New York State" as drawn by R. James Stockwin, L.S., surveyed October 24, 2007 and certified November 2, 2007. That the parties of the first part covenant and agree 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 party of the second part, its successors, assigns, employees and agents to lay, inspect, operate, maintain, alter, repair, remove, replace or change the size of said sewer drains, pipes and mains, with all appurtenances necessary therefor, except as set forth in Schedule A. TO HAVE AND TO HOLD said right-of-way and easement unto the party of the second part, its successors and assigns forever. In Witness Whereof, the parties of the first part and the party of the second part have each hereunto set their hands and seals. By — Scott W. Flatt By J4Kn K. Flatt The Town of Ithaca By: V-,4-"- �- Cathy Vale ' o, Town Supervisor SCHEDULE A FLATT TO TOWN OF ITHACA REVISED SEWER EASEMENT ALL THAT TRACT OR PARCEL OF LAND, located in the Town of Ithaca, County of Tompkins and State of New York, being an easement twenty feet in width for the construction and maintenance of a sewer line as shown on the annexed "Map of Lands of Scott W. Flatt and Joan K. Flatt" made by R. James Stockwin, L.S., dated October 24, 2007, the boundaries of which easement runs across grantors' property starting at a point in the northerly line of the grantors' property, which point is located N 82' 46' 47' W a distance of 119.96 feet from the northeast corner of grantors' lands in the westerly line of Park Lane; and running thence N 82' 46' 47" W along grantors' northerly line a distance of 28.25 feet to a point; thence S 37' 42' 59" E a distance of 153.32 feet to a point; thence S 52' 55' 53" E a distance of 92.40 feet to a point in the grantors' west line; thence S 40' 28' 05" E, a distance of 8.36 feet to the southwest corner of grantors' lands; thence along grantors' southerly line, N 65' 38' 34" E, a distance of 97.61 feet to a point; thence N 53' 42' 43" E a distance of 80.00 feet to a point in the westerly line of Park Lane; thence along said westerly line N 22' 27 09" W a distance of 20.60 feet to a point; thence S 53' 4T 43" W a distance of 68.39 feet to a point; thence N 37' 42' 59" W a distance of 143.66 feet to the point and place of beginning. This conveyance is intended to re -describe and replace two sewer easements granted to the Town of Ithaca by Barbara P. Quick by deed dated September 27, 1994 and recorded in the Tompkins County Clerk's Office on November 18, 1994 in Book 740 of Deeds at page 1, specifically, the easement numbered "3", and "4" in said Deed. It is intended by this conveyance to substitute the easement described above for those easements so as to conform the description of the easement to the sewer line as it was actually constructed on grantor's lands. Reserving to the grantor's, their heirs, successors and assigns the right to maintain temporary and/or removable structures over the easement, provided that any such improvement (i) does not interfere with the use of the easement or access thereto for repairs and maintenance thereof, and (ii) no weight bearing structures or footers are placed within 5' of the sewer line as installed. 3 fps OF f dTRFfT � _ 428.5'ALONG STREETLINE 1q TO MONUMENT FOUND ON HIGHWAY BOUNDARY OF � Lklfr SLATERVILLE ROAD HYDRANT & VALVE � FOUND S 00 • • MANHOLE ROD/CAP �: v r 59-03- 13.2 1�_� Bic—,( ~ "� Is �6. FRANDSEN (RO) L . 629/P . 680 ��`' ry o o ss FOU ROD/CAP Nso. : k . C*ln 2STY rD FR HOUSE nIr 79 PARK LANE ` n i.-, g • g �ry /ti0 ITHACA NY 14850in o ;, .SANITARY SEWER _ 143.66' Jeo , „ n C I ANHO i _ — 153.32- S 37`42's9-E-) — — GAS LINE — — — — MARKER — BURIED GAS LINE —♦--- ------ ----- - LOT - B FOUND ' NYSEG L.392/P.463 GAS LINE MARKER 15.0' 156-03-26.4 IRON ROD _ I OU I CK (RO) 0 e PROPOSED SANITARY IBe �n I DOC 2514-6248 FOUND T O SEWER EASEMENT TO r w I GAS VALVE C) W ROD/GAP LI THE TOWN OF ITHACA GO 0 �i 0.149 ACRES 1. In y GAS 'FIELD ... n 0.763 A C R ii rS 6509 SO FT �; „ 1 REOULATOR- MyQ •" i$ 33247 SQ AFT pI� • I 00 ® MANHOLE U1w-i I Z 199.559 191.17'TO ESMT 6.381 FOUND --<-N o 28*05`w -- --- FOZIND W-- ROD/CAP 59-03-13.2 RODN WIE ' J LOT NUMBERS REFER TO MAP TITLED FRANDSEN (RO) 'RC QUICK SUBDIVISION' LAST REVISED L.629/P.680 mid 6/02/96 MADE BY THIS OFFICE AMD FILED AT TOMPKINS COUNTY CLERKS OFFICE IN 56-03-26.1 DRAWER 'VV" - MAP NUMBER 10 KANE (RO) INST 460975-001 LANDS OF: SCOTT W. FLATT & JOAN K. FLATT (RE►UTED OWNER) 79 PARK LANE - TOWN OF ITHACA - TOMPKINS COUNTY - NEW YORK STATE piILIp iRER/ AOE1RENCE EF INST 484359-001 $ TAX IMP PARmo ITHACA 56-03-26.5 I HEREBY CERTIFY THAT I AM A LICENSED LAID SURVEYOR. NYS LICENSE ND.049012 $URVEY AND THAT THIS MAP �CECORTRECTLY DELINEATE! AN ACTUAL SURVEY ON THE GROUND WDE BY 10/24/07 SALE: 1 ' -40' 'ITATM A—�0Tp-15E� O ►R IFO ' T'"; T !AlVEYf'ADQ►T'" f°TM°'�" %TK STOCKWIN SURVEYING STATE AS CIATION OF I I !s I FOLIO VISO E ENUtOACHpMENTS I RAY CRa8 Y AS SCR IN ! 69 JAMES ST HER NY 13077 �1LRE�BfAIt NNo SETT ALH H�o �N AS SHIM i'iIZI'E� r ! I! wF PHONE: 607-749-5263 • 02 NOVEMBER 2007 AH 178 RAISED SEAL DATE OF CDTIFICATION 1 FILE NO. ZATIFICATIONS INDICATED FEREON iIML RUq Y TO THE BON FOR fNOR BUR IS ►R IAR .� D111 NHs ALL REVIII.. MJBT CONPLT .ITN BECT.711. r: _TO THE -T—T::eE.r,C�:::�.. .CRAM V r AAMITIe l gWMrlst M11�irTTit�iri ows M 7eisuis[dIENT w1ERR_ NEREON. SUBDIVISION 2 OF THE N.Y.i. EDUCTION LA. STATE OF NEAV YORK } COUNTY O 01. 'Tl. 0 ss: -% On th - I day of November, in the year 2007 before me, the undersigned, personally appeared JOAN FLATT AND SCOTT FLATT, personally known to me or proved to me on the basis of satisfactory evidence to be the indivi?i�nd' whose names are subscribed to the within instrument and acknowledged tc me th xecuted the same in their capacities, and that by their signatures on the instrument, th duals, or�erson upon behalf of which the individuals acted, executed the instrum "'a7. 151163 rti„ nrr 'tor otary Public �•�y � �Enss��n Exp+r�s i40v iri,;ef 304 STATE OF NEW YORK } COUNTY OF'ss: �ee�w�er On the day of Nin the year 2007 before me, the undersigned, personally appeared CATHY VALENTINO, TOWN SUPERVISOR, TOWN OF ITHACA, 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 person upon behalf of which the individual acted, executed the instrument. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County ��),, Commission Expires December 26J4y ) N