HomeMy WebLinkAboutBF172386-001UTILITY LINE EASEMENT
THIS INSTRUMENT WITNESSETH THAT CORNELL UNIVERSITY, an education
corporation chartered by the State of New York, c/o Real Estate Department, Box DH - Real Estate,
Ithaca, New York, 14853, hereinafter called the "GRANTOR," being the owner of certain lands
situate in the Town of Ithaca, County of Tompkins, State of New York, in consideration of the sum
of One and 00/100 Dollar ($1.00) lawful money of the United States, and other good and valuable
consideration recited herein, does hereby grant and release unto the NEW YORK STATE
ELECTRIC & GAS CORPORATION, a corporation organized under the laws of the State of
New York, having an office at 18 Link Drive, in the Town of Kirkwood, County of Broome, State of
New York, hereinafter called the "GRANTEE," Grantee's lessees, licensees, successors and assigns
forever, a permanent easement approximately twenty-five feet in width over the following property
(the "Premises"):
Portions of Town of Ithaca Tax Map Parcel Number No. 61-1-7.2, as more particularly
shown on Exhibit A (Permanent Easement, NYSEG Service Line) and as more particularly
described in Exhibit B attached hereto.
The easement granted hereunder lies principally within the area designated as Easement Area
1 on a map entitled "Survey Map Showing Waterline Easements To Be Granted To By Cornell
University To The Town of Ithaca, Located at Hungerford Hill Road, Town of Ithaca, Tompkins
County, New York," dated March 30, 2005, prepared by Lee Dresser, L.L.S. No. 050096, which
map was recorded in the Tompkins County Clerk's Office on July 13, 2005 as Instrument Number
475688-00. The easement granted hereunder is for the sole purpose of providing electric utility
service to the Town of Ithaca water pump station and Southern Cayuga Lake Intermunicipal Water
Commission water tank, located within Easement Area 2 on the aforesaid survey map.
GRANTEE shall have the right to construct, reconstruct, relocate, extend, operate, inspect,
maintain, repair, replace and remove any poles, supporting structures, cables, crossarms, overhead
wires, guys, braces, communication facilities and other fixtures and appurtenances that GRANTEE
shall require now and from time to time for the transmission and/or distribution of electric power to
said water pump station and water tank.
TOGETHER WITH the right of ingress and egress over the easement and right of way for
the above purpose.
Subject to all easements, rights of way and other encumbrances of record, specifically
including, without limitation, a Water Tank and Utility Line Easement granted to the Town of Ithaca
as agent municipality for the Southern Cayuga Lake Intermunicipal Water Commission, and Water
Tank and Utility Line Easement granted to the Town of Ithaca, which easements were recorded in
the Tompkins County Clerk's Office on July 13, 2005 as Instrument Numbers 475688-001 and
475688-002, respectively. The easement rights given to GRANTEE hereunder are to be coordinated
with the easement rights given to the Town of Ithaca as agent municipality for the Southern Cayuga
Lake Intermunicipal Water Commission and to the Town of Ithaca acting for itself, pursuant to the
aforesaid Water Tank and Utility Line Easements. In addition, GRANTEE acknowledges that an
existing private utility line serving WVBR FM lies within the easement area granted hereunder.
GRANTOR (1) reserves the underlying fee title to the Premises, 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 create an unsafe condition with GRANTEE's facilities
or interfere with the rights granted to the GRANTEE hereunder. GRANTEE acknowledges that
certain of GRANTOR's buildings occupy portions of the Premises granted herein, and GRANTEE
expressly covenants that GRANTEE will not disturb said buildings in any fashion.
GRANTEE further agrees and covenants that, if at any time hereafter, the GRANTOR
desires to make use of the Premises, then in that event, the GRANTEE shall, upon ninety (90) days'
notice in writing from GRANTOR, make such changes in the location of the electric lines or other
facilities installed on or occupying the Premises as GRANTOR may direct or require. The Town of
Ithaca and WVBR FM Ithaca each agree for the benefit of GRANTOR and GRANTEE, jointly and
severally, to be responsible for any and all costs or expenses associated with any relocation of the
utility lines (and related appurtenances) serving their respective facilities upon demand from
GRANTOR. Provided, however, that GRANTEE shall not be obligated to modify or relocate any of
its electric lines or facilities pursuant to this paragraph unless and until the Town of Ithaca and\or
WVBR FM, as the case may be, first provide GRANTEE with financial security, reasonably
acceptable to the GRANTEE, to cover the complete cost of such modification and relocation in each
instance.
Whenever GRANTEE performs work on the Premises, it is agreed that, without expense to
GRANTOR, upon completion of the work all debris will be promptly removed and the Premises will
be promptly restored to substantially the same condition it was in before any such work was done.
GRANTEE shall be responsible for any damage to GRANTOR's property or to the property of the
Town of Ithaca and/or the Southern Cayuga Lake Intermunicipal Water Commission, caused by
GRANTEE in the exercise of its rights hereunder. GRANTEE shall indemnify and hold
GRANTOR, its officers, directors, employees, and agents harmless from and against any claims,
actions, suits, judgments, liabilities, damages or costs of any kinds whatsoever (including, without
limitation, reasonable attorney's fees) arising from personal injury (including death) or property
damage caused by the negligence of GRANTEE hereunder, except to the extent such claims, actions,
suits, judgments, liabilities, damages or costs (including reasonable attorney's fees), arise directly
from the negligence or willful misconduct of GRANTOR. Provided, however, that,
notwithstanding the foregoing or any other term or condition of this easement, GRANTEE shall not
be responsible for, nor shall GRANTEE indemnify GRANTOR, its officers, directors, employees,
and agents, or any of them, against any claims, actions, suits, judgments, liabilities, damages or costs
(including attorney's fees) for and to the extent arising from, or caused by, failure of electric service,
interruptions in electric service, and\or irregular or defective electric service from forces beyond
GRANTEE's control as provided in PSC Tariff 119, Subsection 5.
This instrument shall bind the parties hereto, and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have hereunto set their hands
and seals this 20'% day of apvter,� , 2006.
IN PRESENCE OF:
CORNELL UNIVERSITY
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BY Me on
ir/cheED§ta e Department
artment
K STAVE ELECTRIC & GAS
TION
BY:
Title:
TOWN OF ITHACA
C-14�1- 4 tnv
BY: Catherine Valentino
Town Supervisor
WVBR FM Ithaca
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BY: Matthew Leftwich
Title: Pms:dev%f 9- Gr¢,Aevo 1
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the day of (Dv' , in the year 2006, before me, the undersigned, personally
appeared John E. Majeroni, 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 he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
"5a� La�
Notary Public
SARAH R. DEAN
Notary Public, State of New York
Qualified in Tompkins Co. No. 48004,
Commission Expires August 31, Z�—
STATE OF NEW YORK
ss:
COUNTY OF TOMPKINS
On the _2�7'_ day of ,Lin the year 2006, before me, the undersigned, personally
appeared —7--1 u�n M, 7—/"In /n a ersonally 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 he/she executed the same in his/her capacity, and that by his/her signature
on the instrument, the individual, or the person upon behalf of which the individual acted, executed
the instrument.
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Cynthia K. Oliver
Notary Public State of New York
STATE OF NEW YORK Qualified in Broome County
ss: 01OL450872
COUNTY OF TOMPKINS ) My Commision Expires on 5/5/2010
On the day of in the year 2006, before me, the undersigned, 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.
)Ikkg `
tary Public CARRIE WHITMORE
Notary Public, state of New York
No. 01 WH6052877
STATE OF NEW YORK TpCounty
Commission Expireires December 26,
ss:
COUNTY OF TOMPKINS )
On the l `7 `µ' day of I�o ea , in the year 2006, before me, the undersigned, personally
appeared Matthew Leftwich, 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 he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
SARAH R. DEAN
Notary Public, State of New York
Qualified in Tompkins Co. No. 4800454
Commission Expires August 31, 24X4_
4
EXHIBIT A
PERMANENT EASEMENT, NYSEG SERVICE LINE
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no
rac, _ Permanent Easement
PAU' io-le-loos NYSE&G Service Line
sCA.r. .. —
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Through the lands of Cornell Unlverslty
Tax Parcel ° 61-1-7.2
Town of Ithaca,
Tompkins County, New York
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Exhibit B
Description of the Premises
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins,
State of New York, being bounded and described as follows:
BEGINNING at a point 25.8 feet southwesterly from a point in the centerline of Hungerford Hill
Road located approximately 966 feet southerly of the present centerline intersection with Ellis
Hollow Road (which centerline point is also shown as the point of beginning on a map entitled
"Survey Map Showing Waterline Easements To Be Granted To By Cornell University To The Town
of Ithaca, Located at Hungerford Hill Road, Town of Ithaca, Tompkins County, New York," dated
March 30, 2005, prepared by Lee Dresser, L.L.S. No. 050096, which map was recorded in the
Tompkins County Clerks Office on July 13, 2005 as Instrument Number 475688-00), said course
being marked as "L5" on the map entitled "Permanent Easement, NYSEG Service Line through the
lands of Cornell University, Tax Parcel No. 61-1-7.2, Town of Ithaca, Tompkins County, New
York," dated October 26, 2006, attached as Exhibit A hereto and recorded herewith, and running the
following courses and distances:
RUNNING THENCE North 04' 01' 22" West for a distance of 25.00 feet to a point;
RUNNING THENCE North 85' 58' 38" East for a distance of 262.45 feet to a point;
RUNNING THENCE South 59' 02' 49" East for a distance of 55.75 feet to a point, passing through
an existing utility pole;
RUNNING THENCE South 85' 58' 38" East for a distance of 312.39 feet to the point and place of
beginning.
Said parcel containing 0.165 acres.
SECTION 61
BLOCK 1
LOT 7.2 (portion)
CITY 0 TOWN Ithaca
0