HomeMy WebLinkAboutBF172351-001EASEMENT
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
PROPERTY LOCATION:
PROPERTY ADDRESS:
Tax Parcel Numbers:
SEWER MAIN PROJECT
Tompkins County, Town of Ithaca
East Shore Drive, Ithaca, New York
Town of Ithaca•
THIS INDENTURE made as of the
BETWEEN:
6-19-2-29
N
�7 day of April, 1989,
NOAHS BOAT CLUB, INC., a New York corporation with
offices at 1000 East Shore Drive, Ithaca, New York, its
successors and assigns, referred to herein as "Grantor",
A N D
TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, referred to herein as "Grantee"
or "Town", its successors and assigns,
W I T N E S S E T H:
WHEREAS, said Town is about to construct a system of
sanitary sewers or extensions thereof, which by reason of
topography and grades in certain locations must depart from
established highways in order to render proper sewer service
to property owners of the Town, and
WHEREAS, the Grantor is the owner or has an interest in
real property in said Town where the sewer line or lines must
cross or encroach upon private property for the above
reasons;
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 health and otherwise, and in further consideration of the
covenants herein contained and other good and sufficient
consideration, receipt whereof is hereby acknowledged, does
hereby grant and convey to said Town, its successor and
assigns forever:
A permanent right-of-way to enter upon, construct,
operate, maintain, repair and replace a sanitary sewer pipe
line and appurtenances, or such other facilities as are here-
in described, across or upon the lands of the Grantor in said
Town in accordance with official plans and specifications
filed at the office of the Town Clerk, the center line of
which right-of-way along which said sewer line and appur-
tenances is to be laid shall be substantially as shown on the
attached map; unless otherwise shown on said map or unless
otherwise stated herein, the center line of the pipe as
actually laid, shall be the center line of the right-of-way.
TOGETHER with a temporary easement during the period of
original construction over so much of the owner's property as
may be necessary for men and vehicles while the said sewer
main and appurtenances (or any other facilities specifically
described below) are being installed, which temporary ease-
ment is also shown on the attached map.
f.
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The sewer main 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 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
construction, maintenance, operation or repair of, or cause
injury or damage to, the sewer main or other facilities or
appurtenances. The Grantee will restrict its operations to
the minimum feasible width for said right-of-way. Whenever
any work is done on the Grantor's premises the Grantee, at no
expense to the owner of the premises, will remove all debris
and will restore the land to substantially the same condition
it was in before any such work was done. 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 125 East Seneca Street, Ithaca, New
York, immediately following any such damage or failure to
restore the property.
By accepting this easement Grantee agrees as follows:
1. Grantee represents that if the sewer line for which
this Easement is being given is in fact built and connected
to the Ithaca Area Wastewater Treatment Plant, by connection
with the four -inch line intended to be located in this
easement or by connection with a 8-inch line to be
constructed between the Cayuga Heights Village Sewage
Treatment Plant and the Ithaca Area Wastewater Treatment
Plant (the location, main, and manner of connection to be as
determined by Grantee), adequate capacity exists or will
exist, and that it will reserve adequate capacity for, all
sewage which would be generated by any uses presently
authorized under current zoning for Town of Ithaca tax
parcels numbered 6-19-2-29, 6-19-1-5, and 6-19-1-7, all owned
by the Grantor herein, for a'period of seven years from the
date of this instrument.
2. Grantee will permit Grantor to connect to said four -
inch or 8-inch lines, at a point or points to be mutually
agreed, any improvements presently authorized by current
zoning which may be constructed on the aforementioned tax
parcels, upon the following conditions:
(a) Any costs of making such connections,
including costs of boring under East Shore Drive and the
Conrail railroad tracks shall be borne by Grantor;
(b) All such connections and the use of the sewage
facilities shall comply with all applicable rules, laws and
ordinances, including the Tompkins County Sanitary Code,
applicable plumbing codes, and Grantee's sewer use law.
3. Grantee at Grantee's sole expense will connect the
presently -existing two buildings located on tax parcel number
6-19-2-29 to the sewer line to the extent of laying a pipe,
from the main intended to be installed pursuant to this
easement, to the exterior walls of the existing buildings.
The actual connection to the pipe shall be made by Grantor at
Grantor's expense and Grantor shall be liable for any
additional costs of such connection including, without
limitation, the cost for pumps, traps, reducing valves, etc.
All such connections are to be made in accordance with the
Tompkins County Sanitary Code and all other applicable
plumbing, sanitary, and other similar codes.
4. Grantor may use the surface of the land included
within this easement for its own purposes, including paving
the same, so long as such uses shall not interfere with the
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operation or maintenance of the easement, and provided that
no buildings or structures other than pavement shall be
placed within the easement area by Grantor.
5. Grantee shall permit the relocation of the easement
and sewer line contemplated by this easement, as may be
reasonably required by Grantor, at Grantor's sole expense, so
long as such relocation does not materially interfere with
the capacity and operation of the sewer line, is to a
location that is, in the sole discretion of Grantee,
acceptable, and will not significantly, in Grantee's sole
discretion, interrupt sewer services for other users.
6. Grantee shall during the construction of the sewer
line contemplated by this easement and during any maintenance
or repair thereof, provide reasonable access to and from East
Shore Drive to the marina property located on tax parcel
number 6-19-2-29.
7. To the extent practicable, Grantee undertakes to
give Grantor advance notice in writing of Grantee's intention
to enter on the premises to perform ordinary maintenance,
repair, restoration, relocation or removal of the sewer line
intended to be located on this easement, but not less than
seven days notice except in case of emergency. In the case
of an emergency Grantee may perform or cause to be performed
any such work immediately whether or not Grantee gives
Grantor advance notice, but Grantee shall, as soon as
reasonably practicable after such emergency, notify Grantor
of the work having been done on the premises. Any
maintenance and repair work to the sewer line or otherwise
upon this easement shall be conducted by Grantee at no
expense to Grantor, and Grantee agrees to remove all debris
and restore the premises to substantially the same condition
as it was in before any of such work was done. Unless the
work was required by reason of the negligence or willful act
of Grantor or Grantor's successors, contractors, or assigns,
in which event Grantee shall be reimbursed by Grantor, its
successors, etc. for all Grantee's expenses.
Any notice, request, approval, or other communication
required or permitted hereunder shall be in writing and shall
be given or made or communicated by personal delivery or by
United States registered or certified mail addressed to the
respective parties at the addresses set forth at the outset
of this agreement, in each case subject to the right of any
party to designate a different address by notice similarly
given.
This agreement may be modified or amended, in whole or
in part, only with the consent of all of the parties by
declaration in writing, executed and acknowledged by all of
the parties.
This agreement shall be binding upon and inure to the
benefit of the respective parties hereto, their successors
and assigns.
This agreement shall be construed and governed in
accordance with the laws of the State of New York.
Grantor warrants that Grantor has good and marketable
title to the easement being conveyed herein, that the
property through which said easement lies is free from any
lien or encumbrance of any nature whatsoever, that Grantor
has full and complete authority to execute this easement,
that the shareholders of the corporation have duly authorized
this transfer, and that the property described in this
easement does not constitute all or substantially all of the
assets of the Grantor.
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IN WITNESS WHEREOF, this instrument has been duly
executed by the Grantor and the Grantee.
In Presence Of
NOAHS BOAT CLUB, INC.
BY: ✓�/CCU ✓ �'/'/TI��L-__
ROBERT S. GRANT, Secretary
TOWN OF ITHACA
BY : /�"'e �G' e- �
NOEL DESCH, Town Supervisor
STATE OF NEW YORK :
COUNTY OF TOMPKINS: ss.:
On this / 7f day of April, 1989 before me came ROBERT S.
GRANT duly sworn, did depose and say that he resides at
Ithaca, New York; that he is the Secretary of NOAHS BOAT
CLUB, INC., the corporation described in, and which executed
the above instrument; that he knows the seal of said
corporation; that the seal was so affixed by order of the
Board of Directors of said corporation and that he signed his
name -thereto by like order.
NANCY V. DAVIS `
Notary Pubilo, State of Now Yeti
1 �0 4zdo N tary ublic
STATE OF NEW YORK :
COUNTY OF TOMPKINS: ss.:
On this /3 day of April, 1989 before me came NOEL
DESCH duly sworn, did depose and say that he resides at
Ithaca, New York; that he is the Town Supervisor of the TOWN
OF ITHACA, the municipal corporation described in and which
executed the above instrument; and that he signed his name
thereto by authority of the Town Board of said municipal
corporation. A n r,
Term Expires September 3U, lt! Q /
r
H
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BARNEY. GROSSMAN. ROTH & DUBOW
APR 1 81989
ATTORNEYS AT LAW i
315 NORTH TIOGA STREET +� +
P O. BOX 6556 -- -
-JOHN C BARNEY ITHACA, NEW YORK 14851-6556
PETER G GROSSMAN TELECOPIER
NELSON E ROTH (607) 273-6841 (607) 272-8806
DAVID A DUBOW
RICHARD P RUSWICK April 17, 1989
ROSANNE MAYER
Mr. Eric Whitney
Town of Ithaca
126 East Seneca Street
Ithaca, New York 14850
Dear Eric:
Enclosed is a copy of the Noah's Boat Club easement for your
files. The original was delivered to the Tompkins County Clerk's
Of f i ce f or r ec or di ng a nd s ho ul d be returned to us in about a
month at which time we will forward it on to you. In the haste
to get this work done we have not yet searched the title on this
easement. Mr. Walsh did provide us with a title abstract and we
are going through it. If it turns out to be a major problem we
will have to go back and see if we can correct it. However,
since we have already done the work I thought we'd better get the
easement in place.
With best regards.
Very truly yours,
JCB:bl
Enc.
.J
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A
FORM OF NOTICE OF PETITION PURSUANT TO THE PROVISIONS OF
SECTION 3, SUBDIVISION 2 OF THE PUBLIC LANDS LAW.
STATE OF NEW YORK EXECUTIVE DEPARTMENT
OFFICE OF GENERAL SERVICES
In the Matter of the Petition of
NOAM BOAT CLUB INC.
NOTICE
for a grant of easement in lands under the waters of
(lbwn) (City) Ithaca County of Tompkins
TO: -Town of Ithaca and.
Village of Cayuga Heights
You are hereby notified that it is the intention of the undersigned to apply on the
15th day of April ,19 89', to the Commissioner of General Services,
Albany, New York, for a grant of easement, pursuant to the provisions of Section 3, Subdivi-
sion 2, of the Public Lands Law in under water land of the State of New York, described as
follows (insert brief description of proposed easement area including dimensions and use):
underwater moorings adjacent to Noahs Boat Club Inc. marina
located on Cayuga Lake, Ithaca, New York
If you believe yourself to be adversely affected by reason of such grant of easement to the
undersigned, you should, on or before the above date, file with the Commissioner of General
Services, Albany, New York, a remonstrance stating your objections and your reasons for op-
posing the granting of such easement.
The adjacent upland of the undersigned is located at:
tax parcel 19-7,-29 1
Dated:April 20, 1989
Noahs Mgt Cluh, Inc.
Petitioner
Post Office Address:
P.O. Box 44, Ithaca, N.Y. 14851
— Municipality
(Zb be served upon Mayor,
Supervisor, Clerk or Corporation
Counsel, as required)
8PPU 714 112187) PAGE 4 M 9