HomeMy WebLinkAbout591182-001No. of Pages:
(including this
cover page)
Receipt No.
Date:
Time:
Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
5
591182
05/09/2012
10:49 AM
Document Type: EASEMENT/LEASE
Delivered By:
TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Instrument Number
*591182-001 *
Parties
To Transaction: COMMONLAND & TOWN OF ITHACA
Ta n/City:
Deed Information Mortuane Information
Taxable Consideration: $0.00 Taxable Mortgage Amount:
State Transfer Tax: $0.00
County Transfer Tax: $0.00
RETT No.: 01469
State of New York
Tompkins County Clerk
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.
av"'� e rd"t�-
Please do not remove this page.
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PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this rtday ofAwx-,l 201,rtby and
between Commonland Community Residents, a ho a owners association, PO
Box 694 Ithaca, New York 14851 ("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 30.89 acres, identified as
tax parcel number 58.1-1-125, located in the Town of Ithaca, Tompkins County,
New York, commonly known as Commonland (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 water 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
58.1-1-125 and to be a 20 foot wide strip of land with its centerline
being more particularly bounded by the water main and shown on
the attached map:
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.
Along with a temporary construction easement intended to be a 10
foot strip of lands westerly of the permanent easement line as
shown on the attached map
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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 water 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 water 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 ' interfere's 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:
'Being the purpose of the said water easement ' and right -of way to convey
rights to the Town of Ithaca for water 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 water 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
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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
By:
Herbert J. ngman
Supervisor
State of New York )
County of Tompkins ) ss.:
il
On the � day the year 20� 0 before me, the undersigned,
personally appeared ►.personally known to me or proved to me on
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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 iaqtrument, the individual(s), or the person upon behalf of which the
individtAIA) acted, executed the instrument.
Notary Public
State of New York )
County of To kips ) ss.:
L
qT V\
On the day of in the year 20 before me, the undersigned,
personally appeared HerterVj. 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 e person upon behalf of which the individual(s) acted, executed the
instrument.
Notary
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