Loading...
HomeMy WebLinkAboutBF172347-0012/1/93 TRI-PARTY AGREEMENT WATER LINE, SEWER LINE AND RIGHT-OF-WAY KNOWN AS "DATES DRIVE" FINAL ..T THIS AGREEMENT, made JlA , 199H and is made among the following parties (Board of Representatives Resolution 387): COUNTY OF TOMPKINS, a municipal corporation of the State of New York with main offices in the County Courthouse at 320 North Tioga Street, Ithaca, New York, hereinafter referred to as "the County"; TOMPKINS COMMUNITY HOSPITAL, INC., a not -for -profit corporation organized under the laws of the State of New York, with principal offices at 101 Dates Drive, Ithaca, New York, hereinafter referred to as "the Hospital"; and TOWN OF ITHACA, a municipal corporation of the State of New York with main offices at 12. East Seneca Street, Ithaca, New York, hereinafter referred to as "the Town". W I T N E S S E T H: WHEREAS, the County is presently the owner of certain property located in the Town of Ithaca, east of New York State Route 96, which property is now or formally known as the "Biggs Center" and hereinafter referred to as "County premises" and which County premises are further identified on a survey entitled, "Utility Map Biggs Center" dated July 20, 1992, prepared by the Tompkins County Planning Department with assistance from the Buildings and Ground Office, a copy of which is incorporated herein by reference and hereinafter referred to as the "Utility Map", and WHEREAS, the Hospital also owns premises in the same area and adjoining the County premises on the east and south, which premises are also shown on the Utility Map, and upon which the Tompkins Community Hospital building is located and upon which a medical office building (including the radiology building) is also located, which premises are hereinafter referred to as "Hospital premises", and WHEREAS, there are certain sanitary sewer lines and associated manholes and appurtenances, as well as water lines, hydrants and appurtenances located on both the County premises and the Hospital, premises, all of which are hereinafter referred to as "sewer and water lines" (this agreement does not apply to gas, electric lines or storm sewers), and WHEREAS, there is a road which extends from Route 96 towards the Hospital premises and towards the County premises extends northerly to Indian Creek Road and is known as "Harris B.Dates Drive". The Town presently maintains Harris B. Dates Drive, and WHEREAS, the parties hereto wish to come to an agreement concerning the ownership, maintenance and use of the sewer lines and water lines and the rights -of -way referred to as "Harris B. Dates Drive", NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements exchanged herein, the parties hereto agree as follows: 1. The County and Hospital hereby convey and quit claims all the right, title and interest in their respective portions of the sewer and water lines shown on the utility map, and the Town hereby accepts the transfer of title_ of said lines. 2. The County and Hospital also hereby grant to the Town a permanent easement for the maintenance, repair, and replacement of said sewer and water lines, as may be needed, which easement is ten feet on each side of the sewer and water lines for a total of 20 feet; except that where there are constraints due to other utilities or structures, including buildings presently existing, there is granted an easement of 20 feet in width with the appropriate combination of distance from the centerline of 0 to 20 feet, depending upon the circumstances, the utility or structure being one of the boundaries of the easement. 3. The County and Town acknowledge that the Utility Map shows that one water line runs through part of the building known as the "Biggs Complex" located on the easterly portion of the Biggs Building. The County hereby grants access of the building to the Town so that the Town may perform maintenance, repair and replacement of pipes of said lines as may be needed. If an inadvertent rupture or leak causes damage to the building, the Town assumes no liability for the damage to the building or land or property from the rupture or leak. 4. The County and Hospital hereby grant to the Town a temporary easement from time to time as may be needed by the Town for ingress and egress to various portions of the sewer and water lines of both men and equipment necessary for the maintenance, repair and replacement of said lines, the exact path of ingress and egress to be worked out and agreed upon by the parties hereto as may be necessary in the future. 5. The Town shall take all reasonable steps to obtain access for maintenance, repair and replacement of the sewer and water lines and shall choose appropriate equipment for doing so. The Town acknowledges that parts of the sewer and water lines are 2 WHEREAS, there is a road which extends from Route 96 towards the Hospital premises and towards the County premises extends northerly to Indian Creek Road and is known as "Harris B.Dates Drive". The Town presently maintains Harris B. Dates Drive, and WHEREAS, the parties hereto wish to come to an agreement concerning the ownership, maintenance and use of the sewer lines and water lines and the rights -of -way referred to as "Harris B. Dates Drive", NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements exchanged herein, the parties hereto agree as follows: 1. The County and Hospital hereby convey and quit claims all the right, title and interest in their respective portions of the sewer and water lines shown on the utility map, and the Town hereby accepts the transfer of title of said lines. 2. The County and Hospital also hereby grant to the Town a permanent easement for the maintenance, repair, and replacement of said sewer and water lines, as may be needed, which easement is ten feet on each side of the sewer and water lines for a total of 20 feet; except that where there are constraints due to other utilities or structures, including buildings presently existing, there is granted an easement of 20 feet in width with the appropriate combination of distance from the centerline of 0 to 20 feet, depending upon the circumstances, the utility or structure being one of the boundaries of the easement. 3. The County and Town acknowledge that the Utility Map shows that one water line runs through part of the building known as the "Biggs Complex" located on the easterly portion of the Biggs Building. The County hereby grants access of the building to the Town so that the Town may perform maintenance, repair and replacement of pipes of said lines as may be needed. If an inadvertent rupture or leak causes damage to the building, the Town assumes no liability for the damage to the building or land or property from the rupture or leak. 4. The County and Hospital hereby grant to the Town a temporary easement from time to time as may be needed by the Town for ingress and egress to various portions of the sewer and water lines of both men and equipment necessary for the maintenance, repair and replacement of said lines, the exact path of ingress and egress to be worked out and agreed upon by the parties hereto as may be necessary in the future. 5. The Town shall take all reasonable steps to obtain access for maintenance, repair and replacement of the sewer and water lines and shall choose appropriate equipment for doing so. The Town acknowledges that parts of the sewer and water lines are 2 close to the Hospital and associated medical office building, and that there is a need for special conditions to maintain low noise volume, and minimal inspections. 6. The Town, in performing its maintenance, repair and replacement of the sewer and water lines, shall restore said lands and/or building to substantially the same condition as it was before said work was done, and also agrees to make any repairs to said land, building or premises affected by necessity for ingress and egress of machines or personnel. 7. The Town shall be especially careful with those locations close to or inside of present structures on the County premises and the Hospital premises so as not to weaken or otherwise disturb the foundations or other structural support along which or through buildings or structures which said sewer and water lines may pass. 8. Except in emergency or special situations where maintenance, repair or replacement is being performed, the Town agrees to maintain minimum pressure in the water lines of 100 pounds per square inch, at the pressure gage where the water line enters the buildings or structures on the County premises and Hospital premises. (100 pounds per square inch is the present level for all areas of the buildings on the County premises and the Hospital premises.) In an emergency situation where there is a break in the water line, either on or off the County premises or Hospital premises, the Town shall take all reasonable steps to restore the water pressure to 100 pounds per square inch. It is recognized by the parties hereto that there may be planned work on the water lines, either on or off the County premises or Hospital premises which may reduce the water pressure during the time of said work. The parties acknowledge that they have worked with each other in the past concerning any such planned work, and the Town agrees to continue such working relationship which is mutually beneficial to all of the parties hereto. 9. The Town shall in every case notify the County Buildings and Grounds Department and the Hospital Facilities Office prior to the entering upon the respective County or Hospital easement areas or performing any work thereon, except for normal maintenance and routine checks. 10. The Town shall have satisfactory sewage capacity to ensure maintenance of a sanitary environment at the County premises and Hospital premises. 11. The Town shall maintain the quality of water delivered to the County premises and Hospital premises at standards established by law and regulations of the State of New York. 3 12. The Utility Map shows sewer lines from buildings on the County premises to the old boiler plant (near Route 89). These lines have been capped just below the Hospital maintenance building and are no longer connected. These lines are not part of the agreement. 13. The County and Hospital shall update their respective present facility and utility maps to incorporate future changes and provide such maps to the Town on a timely basis. 14. The County and Hospital shall execute a quit claim deed and other documents necessary to convey the ownership and title of the road known as Harris B. Dates Drive to the Town of Ithaca. A detailed right-of-way map with utility lines within the road right of way located thereon shall be provided by the Town to the County and to the Hospital. (See map attached.) The Town agrees to maintain said Harris B. Dates Drive (extending from Route 96 intersection through Indian Creed Road intersection). During any repairs or maintenance the Town will ensure that traffic access is available at all times to the County and Hospital. 15. The Town agrees to maintain the islands on Harris B. Dates Drive which shall include, but not be limited to, mowing the grass and keeping the curbing in good repair. The Town hereby grants an easement to the Hospital under Harris B. Dates Drive for electrical lines from other property of the Hospital to the three western most islands. The Town further grants an easement to the Hospital to erect signs for the Hospital and for appropriate lighting of the islands as may be reasonable, consistent with the Town's ordinances, and for the maintenance and repair of such signs and lighting. The Town also grants an easement to the County to place signs on the three western most islands as may be reasonable and for the maintenance of said signs. The County and the Hospital shall cooperate in making decisions regarding the type, style, size and placement of the signs so as to meet the needs of both the County and the Hospital. Signs on the County premises or the Hospital premises shall be placed and maintained by each respective party. 16. The Hospital shall convey to the Town a parcel of land 16-1/2 feet extending southerly from the present division line between Hall (315 Deeds, page 192) and Tompkins County Professional Building Corporation (418 Deeds, page 301) on the north and the Hospital on the South, said 16-1/2 foot parcel extending from the easterly line of Route 96 Right -of -Way to the westerly line of Harris B. Dates Drive. The Town has provided the Hospital with a survey of the parcel to be conveyed (see map attached - survey map of Harris B. Dates Drive dated February 27, 1989). 17. The Town shall install an overhead street light at the intersection of Harris B. Dates Drive and Professional Building Drive. The Town agrees to take all necessary and reasonable steps to install and maintain said overhead light. 18. The purpose of this agreement is to insure that the Town, as provider of municipal water, sewer and highway services, has control of and access to the facilities to deliver those services, and to insure that the County and the Hospital may continue receiving quality services to benefit the community commensurate with the standards established herein and with those standards provided to the remainder of the community without any additional special costs to the County or to the Hospital.. 19. This agreement shall be binding upon the parties hereto and their respective successor and assigns. IN WITNESS WHEREOF, the parties hereto have set forth their signatures as of the date and year first above written. Date: Qj-..' 1 1 2414 Date; Date: May 27, 1994 COUNTY OF TOMPKINS TOMP S COMMUNITY HOSPITAL, INC. TOWN OF ITHACA 5 STATE OF NEW YORK COUNTY OF TOMPKINS SC-0 0- On this 15+ y of , 199 q, before me personally came f;-tman , to me personally known who, being by me duly sworn did depose and say that he esides at , d t~yergr-eo- St - -1 ''ia16C-COcJ(46-� l�cLCe ��-r nr�,�A,^, New York 31`�� hat he is the ; L —.µ - f tt�oAdmin.'54-ra-+or OF Tompkins County Beard-ef Repr- &e4:li-��, the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to said Instrument is suc ieQcor oLj!tse seal; that it was so affixed by order of the Board of fir of said corporation, and that he signed his name thereto by like order. STATE OF NEW YORK ss.. COUNTY OF TOMPKINS Notary Public KATHLEEN DREW Notary Public, State of New York No.01DR5012521 Cualified in Tompkins Coygty 5 Commission Expires to T— On this .2y d-a.y " , 199V, before me personally came Bonnie Howell to me erY6nally known, who being by me duly sworn, did depose and say that she resides in Ithaca, New York; that she is the Administrator of Tompkins Community Hospital, Inc., the corporation described in, and which executed the within Instrument, that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. Notary Public/ KANDACE M. SMITH Notary Public, State of New York No. 4898888 Qualified in Tompkins County-- yy�� Commission Expires July 27, 18L RESOLUTION NO. 387 - TRANSFER OF CERTAIN WATER AND SEWER LINES AND A PORTION OF HARRIS B. DATES DRIVE TO TOWN OF ITHACA Offered by Mr. Winch, seconded by Mr. Todd. WHEREAS, the County is presently the owner of certain property located in the Town of Ithaca, known as "Biggs Center," and WHEREAS, the Tompkins Community Hospital also owns- premises in the same' area and adjourning the County premises on the South, upon which Tompkins Community Hospital building is located, and WHEREAS, there are certain water and sanitary sewer lines and associated !manholes and appurtenances located on both the County and Hospital premises, :j and WHEREAS, there is a road which extends easterly from Route 96 toward the Hospital premises and toward the County premises which is intersected by a road extending northerly therefrom presently known as "Harris B. Dates Drive," a portion of which road is owned by the County and a portion of which is owned by the Hospital, and WHEREAS, the County wishes to transfer the sewer and water lines and that portion of Harris B. Dates Drive owned by the County to the Town of Ithaca, at the same time the Hospital transfers similar rights in certain sewer and water lines and their portion of Harris B. Dates Drive to the town, all in return for certain covenants by the Town of Ithaca, and WHEREAS, the County, Hospital and Town of Ithaca have agreed -to the terms of the transfers as expressed in an agreement entitled, "Tri-Party Agreement, Water Lines, Sewer Lines and Right -of -Way known as Dates Drive" now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That said agreement is hereby approved and the County Administrator is hereby authorized to execute same. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) * * * * * * * * * * cc: Comptroller Budget and Finance Public Works Town of Ithaca Tompkins Community Hospital STATE OF NEW YORK ) ) ss: COUNTY OF TOMPKINS) I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the Tompkins County Board of Representatives on the 15th day of December, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Board at Ithaca, New York, this 16th day of December, 1992. �� • Clerk Tompkins County Board of Representatives + 1 STATE OF NEW YORK: .ss: COUNTY OF TOMPKINS: On this 7J'i� 199 before me personally came John Whitcomb, t me personally known who, being by me duly sworn did depose and say that he resides at 233 Troy Road, Ithaca, New York, that he is the Supervisor of the Town of Ithaca, the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ( S E:.A L ) AL", �' ��' NO ARY UBLIC STATE OF NEW YORK COUNTY OF TOMPKINS TERM EXPIRES: 61,90/9,6- 1ETT' F. POOLE NOTARY PUBLIC STATE OF NEW YORE( # 4646 427 • r ;.,; , .. . ,: v