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Home My WebLink About551252-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 6 (including this coverpage) Receipt No. 551252 Date: 11 /23/2009 Time: 03:09 PM Document Type: NYSEG easement Parties To Transaction: CONIFER REALTY Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 02805 Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Instrument Number *551252-001 * Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage 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. a'4�' e rd'X Tompkins County Clerk Please do not remove this page. 111111111111111111111111111111111111111111111111111111111111 WATER EASEMENT TOWN OF ITHACA WATER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Mecklenburg Road Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 27.4-13.162 THIS INDENTURE made as of the t i� r"day of November, 2009, BETWEEN: Conifer Realty, LLC 183 East Main Street, Suite 600 Rochester, New York 14604 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 water transmission, distribution, supply and service pipe(s) and appurtenances on Town of Ithaca Tax Parcel Number 27.-1-13.162, which facilities by reason of the topography and grades in certain locations had to depart from established highways, rights -of -way, easements or other Town property in order to complete the work necessary or reasonable to render proper water transmission, distribution, supply and service to property owners in the Town of Ithaca, and WHEREAS, the GRANTOR is the owner or has an interest in said real property in the Town of Ithaca where the water transmission, distribution, supply and service pipe(s) and appurtenances or other facilities cross or encroach upon private property for the above reasons, and WHEREAS, prior to the Town's construction of such facilities on GRANTEE's property, the GRANTOR's predecessor in interest and GRANTEE agreed to execute and file a Water Easement allowing GRANTEE to construct and maintain said facilities, but despite their intention to do so, said Water Easement was not executed, and WHEREAS, GRANTOR and GRANTEE now wish to memorialize their prior agreement by executing and filing a Water Easement pertaining to said GRANTEE facilities, EASEMENT -- Town of Ithaca Water Improvement page 2 NOW, THEREFORE, said GRANTOR in consideration of the benefits that 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 right-of-way / easement to enter upon, construct, operate, maintain, repair and replace water transmission, distribution, and supply 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 right-of-way / easement and the approximate location of the center line are shown on the attached map; 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 right-of-way / 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 right-of-way / easement area, and the water 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 / right-of-way, 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 water pipe(s) or other facilities or appurtenances. The GRANTEE will take reasonable steps to restrict its operations to the minimum feasible width/area for said right-of-way / easement. 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. To the greatest extent reasonably possible, and subject to the necessary requirements of the project being undertaken, the exercise of rights under this right-of-way / easement shall be done so as to minimize environmental damage and/or consequences. 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 14850, immediately following any, such damage or failure to restore the property, or at such other address as GRANTEE may hereafter designate in writing to GRANTOR. 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. GRANTEE agrees to indemnify GRANTOR against EASEMENT — Town of Ithaca Water Improvement page 3 any losses it may incur as a result of GRANTEE exercising its rights herein, except to the extent GRANTOR is negligent, this indemnification shall not extend to the proportion of loss attributable to GRANTOR's negligence. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: The easement is 30 feet wide and is centered on the installed water main. The easement runs generally east -west across the entire width of Tax Parcel Number 27.-1-13.162 and is approximately 150 feet south of the adjacent property line for Tax Parcel Number 27.4-13.15. The easement is shown on the attached sketch map titled "Permanent Easement for Water Lines Through the Lands of Tax Parcel # 27-1-13.162 Town of Ithaca, Water System Tompkins County, New York" dated July 10, 2009. This instrument shall bind the parties hereto, their distributees, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s), GRANTEE and/or the holders of this lien. NO CONFER REALTY, LLC CEO State of Ne w York, County of Monroe) SS: On the of November in the year 2009 before me, the undersigned, personally appeared Timothy D. Fournier, 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 he/she/they executed the same in his/her/their capacity, and that by his/her/their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Real:�: NOTARY PUBLIC MAE14L' E. SESWICK No" Public, State of NBWYork No. 01 BE6062083 Qualified In Ontario County lit Cotrtttlasion Expires 07130/20Is EASEMENT — Town of Ithaca Water Improvement TOWN OF ITHACA r By: Herbert J, � ngm Supervi r State of New York, County of Tompkins) SS: page 4 On the day of November in the year 2009 before me, the undersigned, personally appeared Herbert K. Engman, 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 PAULETTE NEILSEN Notary Public, State of New York No. 01 NE615680g Qualified in Tioga County Commission Expires December 4, 2011D EASEMENT - Town of Ithaca Water Improvement page 5 1 t o C� • 11 11 ll i II l f{j "" ' I I { I 9) I; 0 Y O y O O N L O LD y � C O ^ O U J N r m�`c O C O •1 zll ill W a�wn h:� I 2 I — u, {I I �' a w J O 1D 4— W OL ly Op O� n ll l •; F'VU q C NpYG in �o ww00 O d A O N E ) n` VJ ll l 02�C d I I w z .I ll .I I i 1 W ~ {l I 3 .I ll { O II p II { I I ,I I� {l I I N II ( o 3 ON 4i aul3 .(,-AOO d 6ul Fcl x3 •,. � .ti 1 ti QO