HomeMy WebLinkAbout595617-001No. 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
6
595617
08/10/2012
10:19 AM
Document Type: EASEMENT/LEASE
Delivered By:
ITHACA COLLEGE
Return To:
ITHACA COLLEGE
HOLD FOR PICKUP
HOLD FOR PICKUP
Instrument Number
*595617-001 *
Parties
To Transaction: ITHACA COLLEGE / TOWN OF ITHACA
Town/City:
Deed Information Mort -gage Information
Taxable Consideration: $0.00 Taxable Mortgage Amount:
State Transfer Tax: $0.00
County Transfer Tax: $0.00
RETT No.: 00011
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.
Tompkins Count�f Clerk
Please do not remove this page.
PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this day of August, 2012 by and between
ITHACA COLLEGE, an education corporation chartered by the State of New York
having an office at 316 Peggy Ryan Williams Center, 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 approximately 30.5 acres,
identified as tax parcel number 43.-1-2.2, located in the Town of Ithaca, Tompkins
County, New York, commonly known as the "College Circle Apartments" (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 of varying widths (15'-20')
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, with the easement areas and the centerline thereof being more
particularly shown on a map entitled "College Circle Apartments Ithaca College Water
Main Easements", made by T.G. Miller, P.C., dated July 11, 2012, a photographically
reduced copy of which is attached hereto and made a part hereof as Exhibit A and a full-size
copy of which is intended to be filed contemporaneously herewith.
Being a portion of lands conveyed by South Hill Land Associates, LLC to Grantor
by Deed dated July 8, 2010 and recorded in the Tompkins County Clerk's Office on July
9, 2010 as Instrument No. 561546-009.
FURTHER WITNESSETH: That the Grantor reserves the right, for itself and all
of its successors and assigns, to use and enjoy the Premises for all purposes not inconsistent
with the rights granted to the Town herein; provided however, that 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 reserves the right, for itself and all of its successors and assigns, to
use and enjoy the Premises for all purposes not inconsistent with the rights granted to the
Town herein; provided however, that 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 Town's use of 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:
"This conveyance is made subject to a Permanent Water Easement and Right -of -Way
granted by Ithaca College in favor of the Town of Ithaca, the purpose of the said
water easement and right -of way being 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 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 the aforementioned Permanent Water
Easement and Right -of -Way granted to the Town, the terms, obligations and conditions
of which are expressly incorporated herein by reference, 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."
2
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.
ITHACA COLLEGE TOWN OF ITHACA
By:
Name:
Title: \ Q t-c.
By:
N erbert ngm
Tit e: Supe or
3
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the day f L) L in the year 2012 before me, the undersigned, personally
appeared f 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.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMMPKINS ) ss.:
.ANl VgtF��'�
•'�OTAgyti��'%i
• 1 • tssMI'%.100
QUALIFIED IN y
;TOMPKINS COUNTY;
y t COMMEx
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On the _94- day of -t in the year 2012 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.
Notary Public :3
DEBoAAN KELLEY
Notary Public, State of New York
No-. 01 KE60�5073
Qualified in Schuyler CountyI C-
Commission Expires May 17, 20 7�
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