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
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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
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