HomeMy WebLinkAbout574662-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No. of Pages: 6 Delivered By:
(including this ITHACA TOWN OF
cover page)
Receipt No. 574662 Return To:
ITHACA TOWN OF
Date: 05/02/2011
t
Time: 04:00 PM
Document Type: EASEMENT/LEASE
Parties
To Transaction: MILLER - TOWN
Town/City:
Instrument Number
*574662-001 *
r
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Deed Information Mortgage Information
Taxable Consideration: $0.00 Taxable Mortgage Amount:
State Transfer Tax: $0.00 Basic Mortgage Tax:
County Transfer Tax: $0.00 Special Mortgage Tax:
RETT No.: 05636 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"6q, e r'LX.
Tompkins Count)( Clerk
Please do not remove this page.
PERMANENT SEWER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this.-1 day of A P(-) 1 , 20 11 by and
between Thomas Miller, PO Box 5041, Cortland NY 13045 ("Grantor"), and the
Town of Ithaca, a municipal corporation of the State of New York, with offices at
215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town").
The Grantor is the owner of a certain parcel of land of .13 acres, identified as tax
parcel number 18.-2-3, located in the Town of Ithaca, Tompkins County, New
York, at 932 East Shore Drive (the "Premises").
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar
($1.00) and other good and valuable consideration paid by the Town, the receipt
and sufficiency of which are hereby acknowledged by the Grantor and the Town,
does hereby`grant, remise, relinquish and release unto the Town, its successors and
assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay,
construct, operate, make observations of, inspect, maintain, alter, improve, repair,
remove, replace or change the size of sewer mains, laterals, collectors, lines and
pipes, together with any and all necessary or desirable related appurtenances and
devices, together with the rights of free ingress and egress in, over, across, upon,
and under the below -described parcels of land, such parcels being the areas of
the permanent easement and right-of-way herein granted, and including the right
to trim and/or remove trees, shrubs and other obstructions upon said parcels of
land situate in the Town of Ithaca, County of Tompkins and State of New York, all
as more particularly bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York, being part of
932 East Shore Drive and to be a 20 foot wide strip of land with its
centerline being more particularly bounded and described in a
survey map date April 7 2011 Permanent Easement for Sewer Main
at 932 East Shore Drive. A copy of which map is intended to be filed
concurrently herein.
The above described lands intended to be a 20 foot wide strip of
lands centered 10 feet on either side of the above described
centerline of easement.
Being a portion of lands conveyed by Richard Southworth to
Thomas Miller by Deed dated 11/19/2009 and recorded in the
Tompkins County Clerk's Office in Book 55111 of Deeds at Page
5001.
concurrently herein.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures shall be constructed within the aforesaid permanent
easement and right-of-way which will in any way interfere with complete access by
the Town, its successors, assigns, employees and agents to excavate, install, lay,
construct, operate, make observations of, inspect, maintain, alter, improve, repair,
remove, replace or change the size of any sewer mains, laterals, collectors, lines and
pipes, and other and related appurtenances and devices.
AND, Grantor further covenants and agrees:
1. Grantor, for itself and all of its successors and assigns, covenants and
agrees that no building or structures shall be constructed or placed within the
aforesaid permanent easement and right-of-way which will in any way interfere
with complete access by the Town, its successors, assigns, employees and agents to
excavate, install, lay, construct, operate, make observations of, inspect, maintain,
alter, improve, repair, remove, replace or change the size of any sewer mains,
laterals, collectors, lines and pipes, and other and related appurtenances and
devices.
2. Grantor, for itself and all of its successors and assigns, covenants and
agrees that no trees or other plants will be planted or cultivated that may
interfere with the said easement and right-of-way.
3. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will not permit or conduct any mining, excavation, construction or
blasting within said easement and right-of-way.
4. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will not engage in any conduct, directly or indirectly, that blocks,
obstructs, or interferes with the ingress and egress rights of the Town, its
successors, assigns, employees and agents.
5. Grantor, for itself and all of its successors and assigns, covenants and
agrees that it will place the following provision in all conveyances of the
property or portions thereof covered by this easement, or any rights therein:
2
"Being the purpose of the said sewer easement and right -of way to convey
rights to the Town of Ithaca for sewer purposes, including the conveyance of
rights to said Town to excavate, install, lay, construct, operate, make
observations of, inspect, maintain, alter, improve, repair, remove, replace or
change the size of sewer mains, laterals, collectors, lines and pipes, and other
and related appurtenances and devices, together with the rights of free ingress
and egress in, over, across, upon and under the below -described permanent
easement and right-of-way, and including the right to trim and/or remove
trees, shrubs and other obstructions, all of which rights are (1) set forth in a
permanent easement and right-of-way granted to the Town, the terms,
obligations and conditions of which are expressly incorporated herein, and (2)
assignable by the said Town to any successor or assign, or to any improvement
district(s) now, existing or hereafter to be formed."
AND FURTHER, Grantor and the Town acknowledge that the easement and
right-of-way hereby granted are fully assignable by the Town to any successor or
assign, or to any existing or future improvement district(s), without prejudice or
recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns forever, it being the intent of the Grantor to have this
easement and all related rights -of -way herein expressed run with the land forever,
and be permanent and perpetual.
AND THE TOWN DOES COVENANT that Grantee will at all times, when it
enters the Premises for any purpose related to the permanent easement as
granted by this instrument, leave the Premises in a neat and presentable
condition, returning the Premises as nearly as practicable to its condition before
such entry.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands
and seals the day and year first above written.
[GRANTOR'S NAME] TOWN OF ITHACA
Thomas Miller
By: �;
Herbe . Engman
Supervisor
3
State of New York )
County of Tompkins ) ss.:
On the day of AVri in the year 20J/ before me, the undersigned,
personally appeared Thomas Miller, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(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
ftiik"
Notary Public. S+ate of New York ;
No. 01 � V 0 2877 1
Ti,ag- County
Notary Public Commission Expires December 26, a
State of New York ) Y
County of Tompkins ) ss.:
On the day of ) in the year 20/L before me, the undersigned,
personally appeared Herbert J. Engman, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(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.
J1, I 11 A6
Notary Public r ;
CARRIE WHITMORE
Notary Public, State of New York
/
No. 01 WH6052877
Tioga County ti
Commission Expires December 26�
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