HomeMy WebLinkAbout579216-001�Iri5 Co Aurora R. Valenti
', TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
No of Pages. 4 Delivered By:
(including this
cover page) ITHACA TOWN OF
Receipt No 579216
Return To
ITHACA TOWN OF
Date- 08/11 /2011
Time: 03:38 PM
Document Type: EASEMENT/LEASE
Parties
To Transaction BEDFORD-GUAUS
Town/City:
Deed Information
Taxable Consideration: $0.00
State Transfer Tax. $0.00
County Transfer Tax: $0.00
RETT No 00050
State of New York
Tompkins County Clerk
Instrument Number
*579216-001*
Mortgage Information
Taxable Mortgage Amount:
Basic Mortgage Tax:
Special Mortgage Tax:
Additional Mortgage Tax -
Local Mortgage Tax:
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.
ClerkTompkins County
Please do not remove this page.
111111111111111111111111111111111111111111111111111111111111
RIGHT-OF-WAY AND EASEMENT
THIS INDENTURE is made this 1 Vday of August, 2011, by and between
SYLVIA BEDFORD-GUAUS of 118 Eastern Heights Drive, Ithaca, New York
14850 ("Grantor") and the TOWN OF ITHACA, an incorporated municipality of
the state of New York, with offices at 215 North Tioga Street, Ithaca, New York
14850 (the "Town").
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 and release unto the Town, its successors and assigns forever, a
RIGHT-OF-WAY and EASEMENT to lay, construct, operate, make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other
and related appurtenances and devices, together with the rights of free ingress
and egress in, over, upon and under the below -described parcels of land, such
parcels being the areas of the permanent easements and rights -of -way, and
including the right to trim and/or remove obstructing trees, shrubs and other
obstructions on 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, Tompkins County, New York, being part of Lot 22 in Block
2 of Section 2 in the Eastern Heights Subdivision as shown on a
subdivision map entitled "BOUNDARY & LOT DATA MAP -
EASTERN HEIGHTS SUBDIVISION - SECTION 2" prepared by
John S. MacNeill, Jr., L.L.S dated May 7, 1968, as revised, and filed
March 19, 1969 in the Tompkins County Clerk's Office in the Town
of Ithaca Map Book F-7 at Page 35, and to be a 20-foot wide strip of
land beginning at Eastern Heights Drive near the south corner of
Lot 22 and running lengthwise across the Lot in a northeasterly
direction. The above -described land is intended to be a 20-foot
wide strip of land centered 10 feet on either side of the installed
facilities.
Being a portion of lands conveyed by Stephen D. Younger and
Azucena Ortega to Sylvia Bedford -Luaus by Deed dated August
18, 2004, and recorded in the Tompkins County Clerk's Office on
August 19, 2004, Instrument Number 459484-001.
The above -described easement and right-of-way are more
particularly shown on a survey map entitled "Survey Map, No. 118
Eastern Heights Drive, Town of Ithaca, Tompkins County, New
York", dated April 28, 2011 and amended July 15, 2011, and
prepared by Lee Dresser, Licensed Land Surveyor, of T.G. Miller
P.C., a copy of which map is intended to be filed concurrently
herein.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no
buildings or structures shall be constructed within the aforesaid right-of-wa.y and
permanent easement which will in any way interfere with complete access by the
Town, its successors, assigns, employees and agents to lay, construct, operate, make
observations of, inspect, maintain, alter, repair, remove, replace or change the size
of any drainage, stormwater and/or sediment control facilities, including ditches,
ponds, and other and related appurtenances.
AND, Grantor further covenants and agrees:
1. Grantor, for himself and all of his successors and assigns, covenants and
agrees that no buildings or structures shall be constructed within the aforesaid
right-of-way and permanent easement which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to lay,
construct, operate, make observations of, inspect, maintain, alter, repair, remove,
replace or change the size of any drainage, stormwater and/or sediment control
facilities, including ditches, ponds, and other and related appurtenances.
2. Grantor, for himself and all of his 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 himself and all of his successors and assigns, covenants and
agrees that he will not permit or conduct any mining, excavation, construction or
blasting within said easement and right-of-way.
4. Grantor, for himself and all of his successors and assigns, covenants and
agrees that he 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 himself and all of his successors and assigns, covenants and
agrees that he will place the following provision in all conveyances of the
property or portions thereof covered by this easement, or any rights therein:
"Being the purpose of the said drainage easement and right -of way
to convey rights to the Town of Ithaca for drainage, storm sewer,
sediment control and stormwater management purposes, including
the conveyance of rights to said Town to tar, construct, operate,
make observations of, inspect, maintain, alter, repair, remove, replace
or change the size of drainage, stormwater and / or sediment control
facilities, including ditches, ponds, and other and related
appurtenances and devices, together with the rights of free ingress
and egress in, over, 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 Drainage District now
existing or hereafter to be formed."
AND FURTHER, Grantor and the Town acknowledge that the easement and
rights -of -way hereby granted are fully assignable by the Town, without
prejudice or recourse.
TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its
successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day
and year first above written.
IN PRESENCE OF tLA
SYLVI BE FORD-GUAUS
By Ralph W. Nash, her attorney -in -fact
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss:
On the (OK day of August, in the year 2011, before me, the undersigned, personally
appeared RALPH W. NASH, 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 executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrume
NotarOiblic
,J
AMY M. SLADICH
3 14otary Public, State of New York
No. 01 S L6091923
Oualified to Tompkins County
My Commission Expires May 5, 20 s-