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Home My WebLink About595465-001Aurora 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 cover page) Receipt No. 595465 Date: 08/07/2012 Time: 02:48 PM Document Type: EASEMENT/LEASE Parties To Transaction: HOLMES TO TOWN OF ITHACA Town/City: Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 02149 State of New York Tompkins County Clerk . Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Instrument Number *595465-001 * Mortgaae 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. d"w' e rd'--t- Tompkins County Clerk Please do not remove this page. 111111111111111111111111111111111111111111111111111111111111 PERMANENT SEWER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this day of4k012 by and between Jeffrey Holmes and Sheila Singh, 151 Northview Rd, Ithaca, New York, 14850 ("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 .46 acres, identified as tax parcel number 52.-1-24 located in the Town of Ithaca, Tompkins County, New York. 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 shown on attached map: Being a portion of lands conveyed by Peter DeGraff to Jeffrey Holmes and Sheila Singh by Deed dated 8/23/2011 and recorded in the Tompkins County Clerk's Office in Book 58038 of Deeds at Page 5001. 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 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or stru�,tpres shall.be constructed or placed within the aforesaid permanent easexnerit:"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: "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 2 assign,, or to any existing or future improvement district(s), without prejudice or recourse. TO•14AVE AND TO HOLD said right-of-way and easement unto the Town, its su,cessors 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. ANA,,JJJR1A% J)QjES COVENANT that Grantee will at all times, when it en** I%TA* any purpose related to the permanent easement as to tto.v gram ire &isU*ment, leave the Premises in a neat and presentable o�i "n4mises 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. nc... 3 JEFFREY HOLMES SHEILA SINGH State of New York ) County of Tompkins ) ss.: TOWN OF ITHACA By: .. „ Herber . Eng Superviso PAU EA Ragwy Public, State of New York No. 01TE6156809 (,kmMed in Tompkins Cowry Commission ides December 4 & On the 3 day- of ALA -(A (is � in the year 20 l Zbefore me, the undersigned, personally appeared 7T-e-C-kf 4 140 IM-e,' 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. SONYA D I I,�(� °Notary Pub r anic rNo, Qualified in ort and County -4-".. ;ommEssion Expires October 13,201 State of New York ) County of Tompkins ) ss.: On the day of in the year 20L4efore me, the undersigned, personally appeared u art T_ r^_�___ personally known to me or proved to me on the � � �-..�rrr j j-� 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. Notary Public - SONYA DELLOW .Notary Public;'Sta4bf. New York ' Alb.,01DEW2275 Com Ouajified;in Cortland County issidn Expires October 13,20 El Nor th v i e w Road S 44-55 W 127.48' 10 1 w m � b House #151 b � ti 7.0 F Sewer 2' off Property corner Existing Sanitary Sewer ------ PERMANENT EASEMENTS FOR SANITARY SEWER THROUGH THE LANDS OF TAX PARCEL # 52.-1-24 TOWN OF ITHACA TOMPKINS COUNTY , NEW YORK SCALE Not to Scale DATE: APRIL 10, 2012