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Home My WebLink About595617-002No. of Pages: (including this coverpage) 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 *595617-002* Parties To Transaction: ITHACA COLLEGE / TOWN OF ITHACA Town/City: Deed Information Morlaaae Information Taxable Consideration: $0.00 Taxable Mortgage Amount: State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00012 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 County Clerk Please do not remove this page. i mm 1111111111111111111111111n11111111111111111111 IN PERMANENT SANITARY SEWER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this `X 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 sanitary sewer mains, laterals, lines, pipes, manholes, and clean -outs, together with any and all necessary or desirable related facilities, 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 Sanitary Sewer 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 sanitary sewer mains, laterals, lines, pipes, manholes, clean -outs and other and related facilities, appurtenances and devices. 11 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 sanitary sewer mains, laterals, lines, pipes, manholes, and clean -outs, together with any and all necessary or desirable related facilities, 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 Sanitary Sewer Easement and Right -of -Way granted by Ithaca College in favor of the Town of Ithaca, the purpose of the said sanitary sewer easement and right -of way being to convey rights to the Town of Ithaca for sanitary 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 sanitary sewer mains, laterals, lines, pipes, manholes, and clean -outs, together with any and all necessary or desirable related facilities, 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 Sanitary Sewer 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 By: Name: QI L )1K Title: v P f'c . ,1 +� Y• TOWN OF ITHACA By: �z N e. Herb . Engm Title: Sup isor 3 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the day of ll jq in the year 2012 before me, the undersigned, personally appeared -ice -2, 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. 0444iijiWite"f4r � �� 1•, VA�F� •, STATE OF NEW YORK ) COUNTY OF TOMMPKINS ) ss.: 7 L Notary Public`s _ : QUAL►r— ;70 COM A EXP 7Y' �C 4F1*11 F•O F ,.`��,` '�►#1n1t1rr"' On the � day of in the year 2012 before me, the undersigned, personally appeared HERBERT J.'ENGkAN, 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. U [ L "4-4 Notary Public - Di_$.ORAH KELLEY Notary Public,, State oMew York 9q., 0 TKE602,50`l3 OuaUtied in Schuyler .County // Commissl* Expires May 17, 20 S:\CDS\INTEG\Ithaca College Easement to Town of Ithaca —Sewer MODEL 02-15-11 rev 7-19-12.doc 4 : ExHcBrr 14 1 — y Lin �W ��