HomeMy WebLinkAbout520054-005Aurora 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. 520054
DATE: 01 /09/2008
Time: 09:24 AM
Document Type: EASEMENT/LEASE
Instrument Number
*520054-005*
Delivered By: TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Parties To Transaction: SOUTHWOODS SUBDIVISION
Deed Information Mortgage Information
Consideration: $0.00 Mortgage Amount
Transfer Tax: $0.00 Basic Mtge. Tax:
RETT No: 01738 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
SANITARY SEWER/WATER EASEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: Southwoods Subdivision
Ithaca, New York 14850
Town of Ithaca Tax Parcel Numbers: 46.-1-15.26, 46.-1-15.27, 46.-1-15.30, 46.-1-15.31
46.-1-15.32, 46.-1-15.33, 46.-1-15.34, 46.-1-15.35,
46.-1-15.36, 46.-1-15.37, 46.-1-15.38, 46.-1-15.39,
46.-1-15.402, 46.4-15.41, 46.-1-15.42 and 46.-1-
15.43
4
THIS INDENTURE made the day of January 2008
BETWEEN:
Southwoods Associates LLC, with offices at 2377 North Triphammer Road, 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 developer of real property in the Town of Ithaca
known as Southwoods Subdivision and has constructed therein facilities for a sanitary
sewer system and for a water line on said premises for water transmission, distributions,
supply and service; and
WHEREAS the Grantor is to grant an easement to the Grantee 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 to enter upon, construct, operate, maintain, repair, and
replace water transmission, distribution, and supply pipes and sewer transmission and
service pipes 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 and water line 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 February 17, 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 of October 27, 1989 in Drawer 0 at Sheet 13.
Said easement is 20' in width, the centerline of which is located upon the centerline of
the sewer and water lines, pipes, and appurtenances as approved and built.
The Grantor (1) has transferred or reserves the right to transfer 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 its successors and or assigns reserves the right to
use and enjoy said premises provided that such use shall not interfere with the rights
granted to the Grantee hereunder or the construction, maintenance, operation or repair of
or cause injury or damage to the water and 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
debris will be removed; the premises 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 restored by the Grantee the Grantor, their successors and
or assigns, shall give proper and due notice to the Grantee.
Southwoods Associates, LLC
BY:
Carol Chaplin, Managing MW6ber
STATE OF NEW YORK )
ss
COUNTY OF TOMPKINS )
On this day of January 2008 before me, the undersigned personally appeared
Carol Chaplin 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 ca acit , d t herdiis
signature on the instrument, the individual, or the person u e f w n c
individuals acted, executed this instrument.
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