HomeMy WebLinkAbout524204-001Aurora 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. 524204
DATE: 04/08/2008
Time: 02:53 PM
Document Type: EASEMENT/LEASE
Instrument Number
*524204-001 *
Delivered By: ITHACA TOWN OF
Return To:
ITHACA TOWN OF
Parties To Transaction: BRAINARD TO ITHACA TOWN OF
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
RETT No: 02422 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
I IIIIII11111IIIII 111111111111111111111111111111111111111 IIII
SANITARY SEWER EASEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 132 Pine Tree Road
Town of Ithaca Tax Parcel Number: 58.-2-15 (Parcel A)
THIS INDENTURE made as of the day of 20 C)
BETWEEN: C. Michael Brainard and Lynette K. Dean, A.K.A Lynette K. Brainard of 132 Pine Tree Road, Ithaca, NY 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 called GRANTEE, its successors and assigns,
WITNESSETH:
WHEREAS, GRANTEE has constructed and owns sewer collection , transmission, and service lateral pipe(s) and
appurtenances which by reason of the topography and grades in certain locations must depart from established highways, rights -of -
way, easements or other Town property in order to render proper sewer transmission and service for property owners in the Town
of Ithaca, and
WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer
collection, transmission, and service lateral pipe(s) and appurtenances or other facilities crosses or encroaches upon private
property for the above reasons;
NOW, THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said
GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the
community, and otherwise, and in further consideration of the covenants herein contained and other good and sufficient
consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said GRANTEE, its successors and
assigns forever: A permanent easement to enter upon, construct, operate, maintain, repair and replace sanitary sewer collection,
transmission and service lateral pipe(s) and appurtenances or such other facilities as are herein described across or upon the lands of
the GRANTOR in the Town of Ithaca in accordance with official plans and specifications filed originally at the office of the Town
Clerk of the Town of Ithaca; the width of the easement and the approximate location of the center line are shown on the attached
map; if the width of the easement is not shown on the attached map, the width of the easement shall be 20 feet; unless otherwise
shown on said map or unless otherwise stated herein, the center line of the pipe(s) as actually laid shall be the center line of the
easement.
The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby:
All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located
on the easement area, and the sewer pipe(s) and appurtenances (or any other facilities) constructed on said premises shall remain the
property of and shall be under the control and supervision of the GRANTEE, but 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 or the construction, maintenance, operation or repair of, or cause injury or damage to, the sanitary sewer
pipe(s) or other facilities or appurtenances. Whenever any work is done on the GRANTOR'S 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 insofar as such restoration is reasonably possible. GRANTEE shall not be required to restore or replace
any improvements, other than pavement or other driveway surfaces, that may have been placed on the easement area by
GRANTOR, GRANTOR's heirs, successors, or assigns. If any damage is caused to the GRANTOR'S property, or if such
property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the
GRANTEE at the Town of Ithaca Offices at 215 North Tioga Street, Ithaca, New York, immediately following any such damage
or failure to restore the property. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca
to notify the Town Engineer and the Contractor, if any who performed the work on the Project. Any action against the Town must
be commenced within two years from the happening of the event upon which GRANTOR'S claim is based or within such shorter
statutory period as may be applicable.
EASEMENT -- Town of Ithaca Sanitary Sewer Improvement
This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, this instruments has been duty executed by the GRANTOR(S) and/or the holders of this lien.
OWNER(s) NAME
Li_
to
IF, .i ... '
OWNER s A'N TURE
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L.S.
L.S.
L.S.
State of New York, County of Tj,T�
On the day of in the year ��y
L.r r kqnf.dcY,,
SS:
before me, the undersigned, personally appeared
kai(aM___�
personally ]mown to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Deanna M. Krause
Not" Publk/'State of New York
Qualified in Iloga County
Registration Number: 01KR6142032
My Commission Expires: 03/13/20 L NO ARY PUBLIC
TOWN OF ITHACA
BY ozr belfi J- C- Or rnuV7
Town Supervisor
State of New York, County of
On the 4 day of � in the year
eV heiq ��wuy7
,j00 �-
SS:
v
1
NATURE
before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
NOTARY PUBLIC
CARRIF WHITMORE
Notary Public, State of New York
No.01W}77
Tioga County
Commission Expires December 26,
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