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Home My WebLink About599473-003J Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tloga Street 'Ithaca, NY 14850 (607) 274-5431 Fax (607)274-5445 No of Pages 6 (including this coverpage) Receipt No 599473 Date 11 /01 /2012 J Time 10 19 AM Document Type EASEMENT/LEASE Parties To Transaction Town/City Delivered By MILLER MAYER, LLP Return To MILLER MAYER, LLP ITHACARE CENTER SERVICE COMPANY Deed Information Taxable Consideration $0 00 State Transfer Tax $0 00 County Transfer Tax $0 00 RETT No 00532 State of New York Tompkins County Clerk Instrument Number *599473-003* 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 " e rd,-,t- Tompkins County Clerk Please do not remove this page. 11111111111111111111111111111111111111111111111111111111 0 PERMANENT WATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this day of 2012 by and between Ithacare Center Service Company, Inc , a 4tw York State not -for -profit corporation located at 1 Bella Vista Drive, 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 6.101 acres identified as tax parcel number 39-1-3 2 and located in the Town of Ithaca, Tompkins County, New York, commonly known as Longview Patio Homes (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 Premises, 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 Tax Parcel number 39-1-3.2 and to be 20 foot wide strips of land centered on the water mains and water lines more particularly shown on the attached drawing Sheet EA1 0 titled Utility Easement Locations, made by Schopfer Architects LLP, dated August 6, 2012, and revised August 13, 2012, which drawing is attached hereto and incorporated herein by reference (together with the rights of free ingress and egress in, over, across, upon and under the Premises as necessary to accomplish the above purposes) Being a portion of lands conveyed by Douglass M Payne and Jean L Payne to Ithacare Center Service Company, Inc by Deed dated January 8, 1999 and recorded in the Tompkins County Clerk's Office in Book 838 of Deeds at Page 30 FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee) 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 - I. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee) 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, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee, no trees or other plants will be planted or cultivated that may interfere with the said easement and nght-of- way 3 Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of roads, buildings and other structures on the Premises in accordance with permits and approvals issued by Grantee, 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, except during the construction or maintenance of roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee, 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 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, unprove, repair, remove, replace or change the size of water mains, laterals, collectors, Imes and pipes, and other and related appurtenances and devices, 0 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 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. ITHACARE CENTER SERVICE TOWN OF ITHACA COMPANY, INC By: /!�.�c-O�i��'i By Noel Desch Ae4rb-ert 1J/nguman6/ President Supervisor State of New York ) County of Tompkins ) ss . On the _12QA _ day of in the year 2012 before me, the undersigned, personally appeared Noel Desch, 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. 2, Notary P rlhc NANCY E WOOQARQ NOTARY PUBLIC, State of New York No 01 W05041336 Qualified in Tompkins County Commission Expires April 01,X/--,? State of New York ) County of Tompkins ) ss On the day of OG 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 r;ad-.. � n—Ayl Notary Publ H \0151\018\Easements\9-2012 Drafts\Final Easements\Easement—Water Longview Patio Homes Final Doc Debra DeAuglstine Notary PubilC - State of New York No 01DE6148035 Qualified in Tompkins County My Commission Expires June 19, 20 0 so moll oue,IAlmoS Iuopuod,p"y :3jy--pl,tcL JS-=