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HomeMy WebLinkAbout1996-09-30 TOWN OF DANBY TOWN BOARD MINUTES Special Meeting 4 : 30 P. M. September 30, 1996 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Howard Steiner ABSENT : Councilperson Schwartz Others Present: Highway Superintendent - William Hall Town Clerk - Carol W. Sczepanski The special meeting of the Town Board was called to order at 5 : 10 P . M . by Supervisor Oltz The purpose of the meeting was to consider approval of an easement to NYSEG for underground gas line across Town of Danby Highway Department property located at 93 Hornbrook Road, Ithaca, New York. The terms of the easement, rider to easement and the indemnity agreement were discussed and the following recommendations were requested in the easement related to the August 28 , 1996 letter to Barney, Grossman, Roth & Dubow from NYSEG : 1 ) Under section 3 - the word "Over" is defined for purposes of maintenance ' 2) Paragraph(s) 4b and 4c are perpetual . RESOLUTION NO. 59 of 1996 RESOLUTION AUTHORIZING EXECUTION OF EASEMENT TO NYSEG FOR UNDERGROUND GAS LINE ACROSS HIGHWAY DEPARTMENT PROPERTY By Councilperson Steiner : Seconded by Councilperson Johnson WHEREAS, New York State Electric & Gas Corporation has requested an easement from the Town of Danby for construction of an underground pipe line across the Town Highway Department property on Hornbrook Road, and WHEREAS, the Town is willing to grant such easement subject to certain additional conditions suggested by Town Board members, the Town Supervisor, and the attorney for the Town, and WHEREAS, New York State Electric & Gas Corporation has agreed to such condition, now, therefore, be it RESOLVED , that the Town Supervisor be and she hereby is authorized to execute an easement for the benefit of New York State Electric & Gas Corporation for the construction and maintenance of an underground gas transmission main across the Town Highway Department property on Hornbrook Road, all as more particularly shown on the sketch attached to the proposed easement, a copy of which has been submitted to and reviewed by the Town Board, and it is further RESOLVED, that the Town Supervisor be authorized to execute a companion indemnity agreement pursuant to which New York State Electric & Gas corporation indemnifies the Town for losses occasioned by the exercise of the rights granted by the easement; and it is further RESOLVED, that the Town Supervisor with the assistance of the attorney for the Town, be authorized to make minor changes as deemed appropriate by her in the course of executing the easement and related indemnity agreement, and be it further 6 /? RESOLVED , that the Town Supervisor incorporate the revisions as outlined in New York State Electric & Gas ' s letter of August 28 , 1996 , addressed to Barney, Grossman, Roth, and Dubow with the added comments regarding Paragraph 3 , with "over" defined as for purposes of maintenance ; 4b and 4c are perpetual . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously INDEMNITY AGREEMENT THIS AGREEMENT is made this WA day of ( e Pobcr , 1996, by and between NEW YORK STATE ELECTRIC & GAS CORPORATION a corporation organized under the laws of the State of New York with an address of Or deb) 1 /Vecv l o r ("NYSEG"), and the TOWN OF DANBY, a municipal corporation existing under the laws of the State of New York, with its principal office at 1830 Danby Road, New York, 14850 ("Danby") . WHEREAS , concurrently with the execution of this agreement Danby is granting to NYSEG an easement for construction of an underground gas pipe line across premises owned by Danby and used by Danby for its highway department, which property is located on Hornbrook Road in the Town of Danby, Tompkins County, New York, and WHEREAS, NYSEG wishes to construct an underground pipe line on said easement area; and WHEREAS , the parties wish to insure that Danby will not be held responsible for the activities of NYSEG nor will Danby be required to defend or otherwise protect itself because of the activities of NYSEG in constructing said pipeline or otherwise utilizing said easement; NOW, THEREFORE , in consideration of the premises and as additional consideration for Danby granting said easement to NYSEG, the parties agree as follows : 1 . NYSEG agrees to indemnify and save and hold harmless Danby, its officers (including the Town Superintendent of Highways) , agents, contractors, and employees from and against all suits, claims, loss, liability or expense (including costs and attorneys ' fees) by reason of any claim made against the Town or any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury to persons, including bodily injury and death, or because of any damage to property, including loss of use thereof, resulting from any activities of NYSEG, its contractors, agents , employees or invitees in exercising any of the rights granted to NYSEG pursuant to the easement executed concurrently herewith. Without limiting the foregoing NYSEG agrees to indemnify and save and hold harmless the Town et al . From any and all claims or liabilities arising out of any claims for loss by reason of unsafe working conditions where such claim is based upon conditions created by NYSEG in the exercise of this easement. 2 . NYSEG represents and warrants that it will obtain all permits for any activities conducted within the easement area including any permits for alteration or filling in of wetlands, and agrees to indemnify and save and hold harmless the Town, its agents, contractors and employees from any and all liabilities arising out of the failure of NYSEG to obtain any required permit. 3 . Nothing in this indemnity is intended to require NYSEG to indemnify and hold Danby harmless from claims arising solely out of the negligence or wilful act of Danby. EASEMENT ' " " THIS INSTRUMENT WITNESSETH THAT Town of Danby having an address at Town Hall, 1830 Danby Road , Ithaca , NY 14850 hereinafter called the Grantor(s), being the owner(s) of or having an interest in land situate in the Town of Danby • , County of Tompkins , State of New York, fronting on the street or highway known as Hornbrook Road , and bounded northeasterly by lands of Bartholf and Petricola and southwesterly by lands of Bartholf and Petricola , and being more fully described in a deed from Robert G. Bartholf and Joseph Petricola dated 12/29/86 and recorded in the Tompkins County Clerk's Office In Book 623 of Deeds at Page 654 , for and in consideration of the sum of ONE DOLLAR ( $ 1 . 00), the receipt of which Is hereby acknowledged , and the further consideration to be paid or tendered as hereinafter provided , hereby grants and release(s) to NEW YORK STATE ELECTRIC & GAS CORPORATION , a corporation organized under the laws of the State of New York , having an office in the Town of Dryden (no street address) , County of Tompkins, State of New York, hereinafter called the Grantee , its successors and assigns, the right , privilege , and authority now and from time to time to construct, reconstruct, maintain , operate , repair, use , and at Grantee's pleasure remove one or more underground pipeline(s) with appurtenant facilities for the transmission and distribution of natural or manufactured gas , and/or for communication purposes, for public or private use upon , over, under, and through said land together with adequate protection therefor, and also a right of way, within the strip described as follows: • A 40 foot wide permanent easement to be located 20 feet in width on each side of grantee's pipeline . Said easement enters Grantor's land on the north from the lands of Bartholf and Petricola ; thence extends across Grantor's land in a southeasterly direction to the lands of Bartholf and Petricola on the east as shown on the attached sketch . _ Together with rights for a temporary access road circular turn around area as shown on the attached sketch . Grantor(s) further grant(s) to Grantee: (a) the right now and from time to time to trim , cut , burn , treat , and/or remove by manual or chemical means any brush, trees, obstructions, or other encroachments within the aforementioned strip, as well as the right to cut down and clear away any trees or brush on either side of the strip that now or hereafter in the opinion of the Grantee may pose a hazard to the pipeline and appurtenances or may Interfere with the exercise of Grantee's rights under this instrument ; (b) the right of free ingress to and egress from the strip over and across the other property of the Grantor(s) ; (c) the right of grading of the for, constructing , me may d maintaining , and using such in the exerci and across the se se of the right of ng essand egress ;and (d) the right to property k the Grantor(s) the strip by may deem necessary location of the strip by suitable markers provided that such markers shall be placed so as not to interfere with any reasonable use Grantor(s) shall make of the strip consistent with this instrument; (e) also, the right to pile but not the opon the property constructote Grantor(s) within and adjacent to the permanent and temporary easement strips; right , install , repair, maintain and replace , outside of the permanent and temporary easement strips , water bars and other facilities for drainage control. In addition to the permanent rights granted to Grantee in this Easement, the Grantor(s) also grant (s) to the Grantee, for a period of two (2) years from the date of this Easement, without limitation , the right, privilege , and authority (i) to trim , cut , burn , treat, and/or remove any brush , trees, obstructions , or other (hereinafter, on "Temporary land Easement") d ac to pile to the a store referenced easement strip as shown on the attached sketch material cut,material imm and m vied or excavated from the permanent asement strip(1or the Temporary Easement, as trees , and/or sees es material cut, trimmed , removed , fit, for any and all necessary or desirable construction purposes. Also, in period addition two the temporary fromhthe date of this Easement , the all s)nece grant(s) ary of the Grantee the right and r ose , for a period of two ( ) Y purposes, an additional temporary easement strip ement strip up to width in width ` located on the opposite e side of the previously Also the described for an additional temporary pas P d $ 1 , 00. temporary easement o the ortion of said additional temporary easeme t strip to be used. by the Grantee . Grantor ( s) the sum of $ 1 ,000.00 per acre for P RESERVING , however,tee's full enjoyment right granted by this instrument or which for create a�real that hazard , with , a obstruct , the G hazard , provided further that Grantor(s) shall not erect or construct any building [oh substantially add Jllo or the ground coverlonr construct any reservoir or other obstruction or interference on the strip , or the strip. All pipelines shall be laid sufficiently deep so that they will not interfere with normal cultivation of the land . PROVIDED , however, that any damage (other than for trimming , cutting , or removing trees , brush , vegetation , or other obstructions as provided above) to the property of the Grantor(s) caused by the Grantee in constructing or repajring said line or lines , shall be borne by the Grantee. FURTHER PROVIDED , that on or before one year(s) from the date of this instrument Grantee shall pay to the Grantor(s) the further sum of Fifteen Hundred And No/100 ($ 1 ,500.00 ) . Should the additional consideration not be paid or tendered as herein provided , this grant shall terminate and no longer be binding on either party hereto. FURTHER PROVIDED , that Grantor(s) hereby warrant(s) the title to the rights above-granted and that the same are free and clear of all liens and encumbrances, except as may be herein expressly shown as follows: Grantor(s) agree to execute any further necessary assurance (s) of the title to the premises of the Grantor(s) as Grantee may reasonably require. This Instrument shall be binding upon and inure to the benefit of the distributees, executors , administrators , successors, . and assigns of the respective parties hereto. hand (s) and seal (s) this day IN WITNESS WHEREOF , the Grantor(s) ha hereunto set of , 19 • IN PRESENCE OF (L.S. (L.S. (L.S. to (LS Op 'e RW21S, 5/1 Automated Forms System - MSBU Ithaca (1386W) al . I .,.. ' .� � _; Copy of EASEMENT Attached : ADJOURNMENT : On a motion the meeting adjourned at 5 : 20 P . M . it a is Q < Carol W . Sczepansk ' ' own Clerk min-9-30 . 96 . . .