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Home My WebLink About526034-003Aurora 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. 526034 DATE: 05/15/2008 Time: 09:30 AM Document Type: EASEMENT/LEASE Parties To Transaction: BERKLEY Deed Information Consideration: $0.00 Instrument Number *526034-003* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Mortgage Information Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No. 02708 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 IIIIII IIIII 111111111111111111111111111111111111111 IIII SANITARY SEWER EASEMENT TOWN OF ITHACA SANITARY SEWER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 227 E King Road Town of Ithaca Tax Parcel Number: 45.-2-6.2 THIS INDENTURE made as of the _1 day of 2008, BETWEEN: Robert Berkley 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 authorized the construction of facilities for and is about to construct 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 complete the work necessary or reasonable 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 must cross or encroach 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 and temporary 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; 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 Tioj�a 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 duly executed by the GRANTOR(S) and/or the holders of this lien. OWNER(s) NAME, GNATURE r- Robert Berkley ' L.S. �.r L.S. L.S. State of New York, County of nNyrl �'t,� SS: T On the I day of in the year bG before me, the undersigned, personally appeared 'Ro%ae r ' I; Oc l^ JqQd 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. CARRIE WHITMORE Notary Public, State of New York / �I Ju-u'6No. 01WH6052877Tio Commission Expires December NOTARY PUBLIC mber 26,��, TOWN OF ITHACA BY Herb Engman NAME �kNATUR/E State of New York, County of �"! ww�k� ✓i S SS: On the _ 1 day of YVA in the year before me, the undersigned, personally appeared 16 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 CARRIE WHITMORE Notary No �01 licWH6052877w York Tioga County aoill Commission Expires December 26,__,� av� 5T---------'5T----------3T-----------ST----------�T S/ �^ {] �� _ � - Parcel " 45.-2`6z | 22/cKing Rd ' Robert Berkley R.O. i ^ � } ' } ` | � ' ~` ` � | � 45.-2-6.2cKing Rd OA= "-^° r^3o' / ) \ � ` \ | ! \ Permonent Eosement Through the lands of Tax Parcel / \ Town of Ithaca, SA