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Home My WebLink AboutBF172551-001SANITARY SEWER EASEMENT AND LICENSE AGREEMENT TOWN OF ITHACA SANITARY SEWER PERMIT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1335 Slaterville Road Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 58-1-5 March THIS INDENTURE made as of the VL day of gip; 1998, BETWEEN: John J. and Joyce H. McAllister 1335 Slaterville Road Ithaca, New York 14850 referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 126 East Seneca Street, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETI: WHEREAS, GRANTEE has constructed sanitary sewer transmission, collection and service lateral pipe(s) and appurtenances which by reason of the topography and grades in certain locations must depart from established highways, rights -of -ways, easements or other :Town property in order to render proper sewer collection, transmission and service to property owners in the Town of Ithaca, and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer collection, transmission, and service lateral pipe(s) and appurtenances or other facilities must cross or encroach upon private property for the above reasons; x., NOW, THEREFORE,'said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare of the community, and otherwise, and in ,•.•.•,;::. ':.:.�t further, considerationof the; covenants herein contained and other good and sufficient consideration, receipt whereof ;ishereby acknowledged, docs hereby grant and convey, ,to said f k . GRANTEE, its successors and assigns forever: A permanent right-of-way/easement to enter upon, construct, operate, maintain, repair and replace sanitary sewer collection, transmission and service lateral pipe(s) and appu=rtenances or such other facilities as are herein described °4 across or upon the lands of the GRANTOR in the Town of Ithaca in accordance with official plans and specifications filed originally at the office of the Town Clerk of the Town of Ithaca; the width of the right-of-way/easement and the approximate location of the center line =der. eas, wp5l ith March 3, 1998 12:41 pm • �f are shown on the attached map (intended to be recorded concurrently herewith); unless otherwise shown on said map or unless otherwise stated herein, the center line of the pipe(s) as actually laid shall be the center line of the right-of-way/easement. All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on or located on the right-of-way/easement area, and the sewer pipe(s) and appurtenances (or any other facilities) constructed on said premises shall remain the property of and shall.be under the control and supervision of the GRANTEE, but the GRANTOR (1) reserves, the underlying fee title to said property covered by said easement/right-of-way, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction, maintenance, :dAoperalion,;or, repair of, or cause injury or damage to, the sanitary sewer pipe(s) or other "facilides,'or,appurtenances. The GRANTEE will take reasonable steps to restrict its -- .operations to the minimum feasible widtlilarea for said right-of-way/easement. Whenever any work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed, the premises will be restored to substantially the same condition it was in before any such work was done insofar as such restoration is reasonably possible, subject.to the provisions set forth below. To the greatest extent reasonably possible, and subject to the necessary requirements of the project being undertaken, the exercise of rights under this right-of-way/easement shall be done so as to minimize environmental damage and/or consequences. If any damage is caused to the GRANTOR'S property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 126 East Seneca Street, Ithaca, New York, immediately following any such damage or failure to restore the rP oper!y. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca to notify the Town Engineer and the Contractor, if any who performed the ,work on the Project. Any action against the Town must be commenced within two years from the happening of the event upon which GRANTOR'S claim is based or within such shorter statutory period as may be applicable. ` t As additional consideration for this easement, the GRANTOR shall be permitted to }^ connect GRANTOR'S sewer service lateral to such sewer main if it is more feasible and ry economical to connect with said sewer main instead of connecting to a different sewer main in an adjoining highway. As shown on the attached map, there is presently constructed over the sewer easement a carport. GRANTEE hereby grants to the GRANTOR, GRANTOR'S heirs, successors.and assigns, a license to maintain the carport within the easement area granted to the Town, subject to the following terms: ' 1. Should an event occur requiring GRANTEE to excavate to repair, replace, or 6.:. otherwise maintain the sewer line within the sanitary sewer easement, to the extent 2 er.eas, ib1)51hh March 3, 1998 11:48(nn reasonably possible GRANTEE agrees to try and avoid excavations which will adversely affect the carport and/or its foundation. 2. Notwithstanding the foregoing, however, GRANTEE shall not be liable for any damage to the carport resulting from GRANTEE'S exercise of GRANTEE'S rights under the easement granted by this instrument as well as by the easement granted by •=an instrument from Fred H. Thomas and Ingrid Thomas dated May 4, 1967 and -:> recorded in the Tompkins County Clerk's office August 9, 1993 in Book 706 of Deeds at Page 89. 3. GRANTEE'S obligation to restore the property to substantially the same condition it wa`s in prior to the GRANTEE'S exercise of any rights under this easement, shall not require the GRANTEE to restore the carport or any other structure that may currently ry y j. exist within the easement area now or at the time any such work by the GRANTEE occurs. r , This agreement confirms the easement agreement given by Fred and Ingrid Thomas referred to above, and except as otherwise specifically modified by this agreement, said previously granted easement shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS and the GRANTEE as of the day and year first above written. John J. McAllister d44f; " Joyce H. McAllister W Town of Ithaca YHf� By. , < 1.�., Catherine Valentino, Supervisor 91 W 4 ter.eas, wp5lith March 3, 1998 11:48ain 4 w+=; STATE .OF NEW YORK C COUNTY OF TOMPKINS On the day of March in the year 1998 before me, the undersigned, a Notary Public in:.and for said State, personally appeared John J. McAllister and Joyce H. McAllister personally known to me or proved to me on the basis of satisfactory evidence to be the 'individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the sante in Ihcir capacities, and Ibal by Iltr.ir Sig nalures on Iltr, inslrunlcnl, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. i t3a" Notary Public STATE OF NEW YORK t : ss. • COUNTY OF TOMPKINS : On the q+k day of March in the year 1998 before me, the undersigned, a Notary Public in and for said State, personally appeared Catherine Valentino personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 11 No ry Public JOAN LENT\NOTEBOOM NOTARY PUBLIC, STATE OF N1ENV,YORK RESIDING IN TOMPKINS COUNTY REG. NO. 4994047: - - - " I,�• �,n.,.,, n,r,`,. r•),o'S MAr.cH 30 19� CORPORATE BOUNDRY, CITY/TOWN OF ITHACA Q, 9) TAX PARCEL 58 1 5 1335 ,i -PERMANENT EASEMENT "FOR SEWER MAIN THROUGH". THE LANDS OF TAX PARCEL,. # 58-1-5 TOWN- OF� ITHACA SEWER SYSTEM - TOMP,KI.NS COUNTY , NEW YORK--- ACAD FILE, CONST. DWG,'• # EASEMENT MAP, DATE 313198 SCALE 1 = 50' IT