HomeMy WebLinkAboutBF172392-001EXECUTIVE DEPARTMENT
OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION
GRANT OF EASEMENT
THIS INDENTURE, made the 1st day of Nov ember____ ______, 19 94
between THE PEOPLE OF THE STATE OF NEW YORE: acting by and through the OFFICE
OF PARKS, RECREATION, AND HISTORIC PRESERVATION, with offices at Empire State
Plaza, Albany, New York, 12238, County of Albany, State of New York,
hereinafter referred to as the "GRANTOR", and Town of Ithaca having its place
of business at 126 East Seneca Street, Ithaca, New York, 14850, County of
Tompkins, State of New York, hereinafter referred to as the "GRANTEE".
WITNESSETH:
WHEREAS, the GRANTOR is charged by law with the supervision and control of
all state parks, state historic sites, parkways, and other recreational and
historic facilities, and
WHEREAS, the GRANTEE desires to acquire from the GRANTOR a certain
easement for installation of a sewer line over a parcel of land owned by the
GRANTOR, and
WHEREAS, the GRANTOR desires to cooperate with the GRANTEE and is willing
to grant an easement under appropriate and statutory conditions,
considerations, and safeguards.
NOW, THEREFORE, the GRANTOR, pursuant to Section 13.06 of Parks,
Recreation, and Historic Preservation Law in consideration of the monetary
payment hereinafter set forth and the mutual covenants, terms, and conditions
hereinafter set forth hereby grants and conveys to the GRANTEE an easement for
the construction, reconstruction, replacement. maintenance, repair,
alteration, and operation of a sewer line on a certain parcel of land located
on Ithaca Trail and City of Ithaca in the Town of Ithaca, County of Tompkins,
State of New York, shown on the attached map designated as Attachment 1,
hereinafter attached and hereby made a part of ttiis easement.
GRANTOR hereby grants to the Town of Ithaca and the Town of Ithaca hereby
accepts from GRANTOR the easement for the period and consideration herein
stated and subject to all the terms and conditions herein contained.
1. PREMISES
The premises over which an easement as set forth herein is granted the
right to install one (1) sewer line. Said sewer line shall be placed within
the premises as shown on maps prepared by Al Fulkerson, LS, 049269 dated July
10, 1994. The sewer line shall be placed within the premises as described on
Attachment 1. Town of Ithaca shall provide GRANTOR with a copy of the as
built construction map signed by a surveyor licensed to practice in the State
of New YorE .
The easement area granted hereby shall be 10 feet wide, as described on
Attachment 1.
2. TERM
This easement shall run for a term of ten (10) years from January 1,
1994 hereof unless sooner terminated as hereinafter provided.
3. CONSIDERATION
The total fee to be paid by the GRANTEE to GRANTOR in consideration
for the easement shall be the sum of two hundred dollars ($200), payable upon
execution of this agreement. Checks are to be made payable to the
Commissioner of Tax and Finance and delivered to the New York State Office of
Parks, Recreation, and Historic Preservation, Real Property Bureau, Empire
State Plaza, Agency Building 1, Albany, New York, 12238.
4. PERMITTED FACILITIES
a. The GRANTEE is hereby granted the right to construct and maintain
or cause to be constructed and maintained within the lines of easement parcel
described above, one (1) sewer line, as shown on the plans, herewith attached
as Attachment 1. The construction of said improvements shall conform to said
plans and shall not encroach beyond the lines of the above -described easement
parcel.
b. This grant is an easement for one (1) 4" diameter residential
sewer line only, and is to be confined to the lines of the above -described
parcel of land. No additional cables or lines may be installed in the
easement area. This grant shall not be construed in any way nor is it to be
intended to convey any right upon the surface of said property or under or
above the ground in the aforementioned parcel of land, except for the purposes
of constructing, installing, and maintaining the improvement as described in
paragraph 4a.
5. APPROVALS FOR INSTALLATION AND MAINTENANCE
a. As built drawings for the installation within the easement area
shall be submitted to the Finger Lakes Region, 2221 Taughannock Park Road, PO
Box 1055, Trumansburg, New York, 14B86 for review. Approval of the plans and
specifications shall be at the discretion of the Regional Capital Facilities
Manager.
b. No excavations shall be undertaken by the GRANTEE within the
easement area without prior notification to and approval by GRANTOR. GRANTEE
shall notify the Finger Lakes Region, 2221 Taughannock Park Road,
PO Box 1055, New York, 14886 in writing 48 hours prior to commencing any
action which may require excavation within the easement area. GRANTEE shall
obtain written approval from the Senior Park Engineer prior to commencing any
excavations.
6. NO OTHER INTEREST CONVEYED
The easement hereby granted does not convey any interest in the land
other than an easement for the purpose hereinabove set forth, and that such
easement shall not restrict the use of the land by the GRANTOR.
7. RELOCATION FOR STATE PROJECTS
The GRANTEE shall remove and relocate said improvements at its own
expense, upon request in writing from the GRANTOR whenever development of
state project requires such removal and relocation.
8. INDEMNIFICATION
The GRANTEE covenants and agrees to indemnify and hold harmless the
State of New York and the Office of Parks, Recreation, and Historic
Preservation from and against any and all claims, suits, losses, damages, or
injuries to persons or property arising out of or in connection with the
installation, maintenance and operation of said improvements and use of said
premises by the GRANTEE.
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r� . +; 11
9. INSURANCE
The Office of Parks, Recreation, and Historic Preservation and the
State of New York shall be named additional insureds on the GRANTEE'S public
liability insurance policy. Said policy shall be for a minimum of $2,000,000
to protect themselves and each additional named insured from any claims for
damages to property and for personal injuries, including death, which may
arise in connection with the use of the easement. GRANTEE shall deliver to
GRANTOR certificates of insurance before installation of the sewer lines.
10. TERMINATION
a. This instrument is granted on the express condition that if the
above described easement parcel is used by the GRANTEE for other than the
purpose hereinbefore set forth, or in the event the said improvement located
in the above -described easement parcel is discontinued, then in either event,
this easement shall terminate and all rights herein granted shall cease. In
the event of discontinuance-, all improvements installed for such purposes
shall be removed by and at the sole cost of the GRANTEE.
b. The GRANTEE shall comply with all federal, state, and local laws,
ordinances, rules and regulations, and in the event said GRANTEE shall fail to
so comply, GRANTOR shall have the right to enter the described easement and
take whatever steps may be necessary to achieve compliance or may terminate
the described easement on giving to the GRANTEE, or the legal representatives
of the GRANTEE, ninety (90) days notice in writing of intention to do so, and
Upon giving of such notice this easement and the term thereof shall terminate,
expire and come to an end on the date fixed in such notice, as if said date
were the date originally fixed in this easement for the termination or
expiration thereof.
C. Upon termination of the easement hereby granted, the GRANTEE, its
successors or assigns agree to remove at once at their own expense and at no
expense to the GRANTOR all improvements from the land hereby affected and
leave said land in as nearly the same condition as possible as it was prior to
the construction hereby authorized.
d. This easement may be renewed upon renegotiation of terms,
conditions, and considerations that are found acceptable to both parties.
11. THIS EASEMENT SHALL NOT BE ASSIGNED OR TRANSFERRED WITHOUT THE WRITTEN
PERMISSION OF THE GRANTOR.
12. THIS AGREEMENT SHALL be binding upon and inure to the benefit of the
respective parties hereto, their successors and assigns.
13. IT IS FURTHER UNDERSTOOD AND AGREED that the GRANTEE, its successors
and assigns hereby agrees to the following special conditions:
r
a. All work in connection with the construction, installation, or
maintenance of sewer line shall be carried out at all times in a manner
satisfactory to the GRANTOR. GRANTEE shall be responsible for guarding the
public from any unsafe conditions created by GRANTEE during installation,
repair, and maintenance.
b. Forty-eight hours advance notice shall be given by the GRANTEE to
the Finger Lakes Region, 2221 Taughannock Park Road, PO Box 1055, Trumansburg,
New York, 14886 prior to the start of any construction, reconstruction,
maintenance or repair to the improvements on said easement.
C. The GRANTEE shall restore to the satisfaction of the GRANTOR any
pavement, fence, structure or equipment, and the ground surface and landscape
which may be disturbed on the land herein described and adjacent
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areas affected by the construction or maintenance of the improvements.
GRANTEE shall notify the Finger Lakes Region, 2221 Taughannock Park Road,
PO Box 1055, Trumansburg, New York, 14886, 48 hours prior to the completion of
any construction or maintenance undertaken by 'the GRANTEE on the lands herein
described for the purpose of conducting a final inspection by the GRANTOR.
d. Care shall be taken to protect all existing utilities and structures
and if disturbed, they are to be replaced or repaired immediately in a manner
approved by the GRANTOR or its representative.
e. All backfill shall be adequately compacted. All areas of settling
caused by the installation, repair, and maintenance of the sewer line shall be
repaired by the GRANTEE, even if it occurs a period of years after completion
of the initial installation. All areas, including grass and landscaping,
damaged by reason of use of equipment or excavation shall be restored to
original condition by proper grading, topsoiling, seeding, and landscaping.
All repairs of damaged areas shall be to the Regional Capital Facilities
Manager specifications and approval.
f. The Regional Capital Facilities Manager may direct GRANTEE to stop
work immediately if he/she determines that the work is being performed in a
manner inconsistent with this agreement.
14. The parties hereto agree to be bound by the terms, covenants, and
conditions contained in appendix, A and appendix, B attached hereto and made a
part hereof, as if the same were set forth herein at length.
15. LASTLY, GRANTOR does covenant that the GRANTEE, on paying the easement
fee and performing the covenants, terms, and conditions aforesaid, shall and
may peaceable and quietly have, hold, and enjoy the demised easement for the
terms aforesaid.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed the day and year first above written.
DATED: BY
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TITLE:
---------------------------------
ACCEPTANCE OF EASEMENT
The undersigned,
the GRANTEE named in the foregoing grant of easement does hereby accept the
grant of easement and covenants and agree to abide and be bound by all the
covenants, terms, and conditions contained therein.
DATED: November -1, 1994 BY:
------------ 1:)
-- - --------------=------
-
----------- TITLE: Supervisor ,
------------
GRANTEE ID NUMBER (Social Security Number
or Federal Tax ID Number): 15-6000992
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DEPARTMENT OF LAW APPROVAL
DEPARTMENT OF AUDIT & CONTROL APPROVAL
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DATE:
-------------------------
DATE:
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INDIVIDUAL ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss..
COUNTY OF )
On this ______ day of ....................... 19__, before me personally
came ........................................ to me know to be the person
described in and who executed the within instrument and he acknowledge that he
executed the same.
------------------------------------
Notary Public
CORPORATE ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss..
COUNTY OF )
On this _&ay of ___jqQUe.0&gf ......... 199y, before me personally
came 'Qktn- -G� A)h�±sanb______________, to me known to be the person
described in and who executed the foregoing instrument and acknowledged that
he executed the same, to me known, who, being by me duly sworn, did depose and
say that he is the---------JvpQLulao-c--------------------------- ; of
______________; the described in and which
fY1�+J13Ci4t iy /YI�YIiC.i(�q\i}N_
executed the foregoing instrument; that he (knows atseal of said ,
Privn' c:.0 1
that the seal affixed to s d i n5tr,u ent is such cs.��e seal that it was 'so
affixed by order of the B�w�f "� �f„�-s of said c-e�ge.� and that- he
signed his name p ikorder. M-U,
. Nq11��ifTT e am Ncieboom Q. �� _Q�
NoteryPublic _5� �_u__- 1 1 ! �► -
6=9 of New York - -
%rm E*hft _ "984047 3 L301 Notary Public -
REGIONAL DIRECTOR ACKNOWLEDGEMENT
STATE OF NEW YORK )
COUNTY OF l
On this ------ day of ....................... 19__, before me personally
cameto me know to be the
of the ____________________ State Park Region, the
person described in and who executed the foregoing instrument, and he duly
acknowledged to me that he executed the same as such ______________________,
for and on behalf of the Commissioner of Parks, Recreation, and Historic
Preservation, as the act and deed of the People of the State of New York.
------------------------------------
Notary Public
DEPUTY COMMISSIONER ACKNOWLEDGEMENT
STATE OF NEW YORK )
ss..
COUNTY OF )
On this ______ day of ....................... 19__, before me personally
came , to me known to be a Deputy
-------------------------
Commissioner in the Office of Parks, Recreation, and Historic Preservation who
executed the foregoing instrument and he duly acknowledged to me that he
executed the same as such Deputy Commissioner of Parks, Recreation, and
Historic Preservation, as the act and deed of the People of the State of New
York.
----------------------------------
Notary Public
BG:ic
9/28/94
A 7A-cH
STATE OF NEW VVRK.
OFFICE OF PARKS, RP.I'R f'ATIc)N
AND HISTORIC PRF.SERVATiom COUNTY OF TOMPKINS MAP No.
HOSTEL No.
ITHACA TRAIL. - STONE QUARRY ROAD
TOWN OF LTIIACA AND CITY OF ITIIACA, NEW YORK PARCEL No.
SIIRVr.Y NOTES ON FILE. AT
THE: Of'FICE OF 7'. G. MII,L,ER, P.C.
ENGINEERS AND SURVEYORS
203 NORTH AURORA STREET
ITHACA, NEW YORK 1481�O
L.605, P.461
TOWN OF ITHACA
COUNTY OF TOMPKINS
P/O TAX MAP 40, BLACK 3, PARCEL 14.2
CITY Or ITHACA
COUNTY OF TOMPKINS
P/O TAX MAP 124, BLOCK 2, PARCEL 11
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MME_OF THE STATE pF NE 1 YORK
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All that tract, piece or parcel of land hereinafter designated as Parcel No. in the Town of Ithaca and City of Ithaca, County of Tompkins and State of New ork,sasuate
shown on the accompanying map bounded and described as follows.
Commencing at a point on the corporation line between said Town and City of Ithaca, said
point being located 831 feet southwesterly of the intersection of the corporation line with
the present centerline of Stone Quarry Road.
Running thence N39001'31"W a distance of 33.20 to a point 'in the east line of lands
reputedly of Morey as described in Liber 340 -in Deeds at Page 411,
Running thence S5701415911W a distance of 10.06 feet to a point located in a 24" maple tree,
said point also being the southeast corner of Morey,
Running thence S3900113111E a distance of 66.40 feet to a point in the west line of lands
reputedly of McCord,
Running thence N57014159"E along land of McCord for a distance of 10.06 feet to a point,
Running thence N3960113111W a distance of 33.2 feet to the point and place of beginning.
Said parcel contains 664 square feet of area.
Said parcel being a portion of land known as the Ithaca Trail, appropriated by the People
of the State of New York (Office of Parks, Recreation, and Historic Preservation) recorded
November 2, 1984 in Liber 605 of Deeds at Page 461 at the Tompkins County Clerk's Office.
All bearings herein area referenced to magnetic meridian 1994. I hereby certify that this
is an accurate description and map made from an accurate field survey prepared under my
direction.
T. G. Millen, P.C.
7 �t 4z L. S. o-foz9
DATE: July 18, 1994
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