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Tompkins County Clerk Recording Page
Return To Aurora R. Valenti, County Clerk
TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: AGREEMENT - DEED Receipt Number: 14-68334
Grantor(Party 1) Grantee (Party 2)
DUTTWEILER, MICHAEL W ITHACA TOWN OF
Fees Transfer Amt: $0.00
Instrument #: 2014-09209
Total Fees Paid: $0.00
Transfer Tax #: 000001
Property located in Town of Ithaca
State of New York
County of Tompkins
Recorded on August 1 st, 2014 at 10:1 1:06 AM
with a total page count of 6.
av"�' e r'&x,
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
Do Not Detach
2014-09209 08/01/2014 10:11:06 AM
PERMANENT WATER
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this 1rday of 3'ZJ V , 2014 by and
between Michael W. & Linda Duttweiler, individuals, 345 Coddington Rd.,
Ithaca, NY 14850 ("Grantor"), and the Town of Ithaca, a municipal corporation
of the State of New York, with offices at 215 North Tioga Street, Ithaca, New
York 14850 ("Grantee" or the"Town").
The Grantor(s) is the owner(s) of a certain parcel of land of .3 acres, identified as
tax parcel number 52.-1-1, located in the Town of Ithaca, Tompkins County, New
York (the"Premises").
NOW WITNESSETH, that the Grantor(s), in consideration of One and 00/100
Dollar ($1.00) and other good and valuable consideration paid by the Town, the
receipt and sufficiency of which are hereby acknowledged by the Grantor(s) and
the Town, does hereby grant, remise, relinquish and release unto the Town, its
successors and assigns forever, a permanent EASEMENT and RIGHT-OF-WAY,
solely for water supply purposes and no other purpose, to excavate, install, lay,
construct, operate, make observations of, inspect, maintain, alter, improve, repair,
remove, replace or change the size of water mains, laterals, collectors, lines and
pipes, together with any and all necessary or desirable related appurtenances and
devices, together with the rights of free ingress and egress in, over, across, upon,
and under the below-described permanent easement and right-of-way herein
granted, and including the right to trim and/or remove trees, shrubs and other
obstructions; upon said permanent easement and right of way situate in the Town
of Ithaca, County of Tompkins and State of New York, as more particularly
bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York,being part of
tax parcel number 52.4-1,and to be an 18 foot wide strip of land
being more particularly bounded and described as follows:
The permanent water easement and right-of-way shall be an 18 foot
wide strip of land (as measured from east to west) parallel to the
centerline right-of-way of Coddington Rd., situated on
tax parcel number 52.-1-1.
The above described permanent easement and right-of-way are more
particularly shown on a map entitled"Easement Map For Water
Easement 345 Coddington Rd."prepared by Town of Ithaca,dated
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2014-09209 08/01/2014 10:11:06 AM
June 26,2014,(the"Easement Map"),which Easement Map is
attached hereto and incorporated herein by reference.
FURTHER WITNESSETH: That the Grantor(s) covenant and agree that
he/she/they will not construct any buildings or structures within the aforesaid
permanent easement and right-of-way which will in any way interfere with
complete access by the Town, its successors, assigns, employees and agents to
excavate, install, lay, construct, operate, make observations of, inspect, maintain,
alter, improve, repair, remove, replace or change the size of any water mains,
laterals, collectors, lines and pipes, and other and related appurtenances and
devices.
AND,Grantor(s)further covenant and agree:
1. That he/she/they will not construct, place or caused to be constructed any
building or structure within the aforesaid permanent easement and right-of-way
which will in any way interfere with complete access by the Town, its successors,
assigns, employees and agents to excavate, install, lay, construct, operate, make
observations of,inspect,maintain,alter,improve,repair,remove,replace or change
the size of any water mains, laterals, collectors, lines and pipes, and other and
related appurtenances and devices.
2. That he/she/they will not plant or cultivate any trees or other plants that
may interfere with the said permanent easement and right-of-way.
3. That he/she/they will not conduct and will not grant a permit nor give
permission for any mining, excavation, construction or blasting within said
permanent easement and right-of-way.
4. That he/she/they will not engage in any conduct, directly or indirectly,
that blocks, obstructs, or interferes with the ingress and egress rights of the
Town,its successors, assigns, employees and agents.
5. That he/she/they will place the following provision in all conveyances of
the property or portions thereof covered by this permanent easement, or any
rights therein:
"Being the purpose of the said permanent water easement and right-of way to
convey rights to the Town of Ithaca for water supply purposes, including the
conveyance of rights to said Town to excavate, install, lay, construct, operate,
make observations of, inspect, maintain, alter, improve, repair, remove, replace
or change the size of water mains, laterals, collectors, lines and pipes,and other
and related appurtenances and devices,together with the rights of free ingress
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2014-09209 08/01/2014 10:11:06 AM
and egress in, over, across, upon and under the below-described permanent
easement and right-of-way, and including the right to trim and/or remove
trees, shrubs and other obstructions, all of which rights are (1) set forth in a
permanent easement and right-of-way granted to the Town, the terms,
obligations and conditions of which are expressly incorporated herein, and (2)
assignable by the said Town to any successor or assign, or to any improvement
district(s)now existing or hereafter to be formed."
AND FURTHER, Grantor(s) and the Town acknowledge that the permanent
easement and right-of-way hereby granted are fully assignable by the Town to
any successor or assign, or to any existing or future improvement district(s),
without prejudice or recourse.
TO HAVE AND TO HOLD said right-of-way and permanent easement unto the
Town, its successors and assigns forever, it being the intent of the Grantor and the
Town to have this permanent easement and right-of-way herein expressed run
with the land forever, and be permanent and perpetual, and inure to the benefit
of and be binding upon the parties and their respective grantees, heirs,
successors and assigns.
AND THE TOWN DOES COVENANT that Grantee will at all times, when it
enters the Premises for any purpose related to the permanent easement as
granted by this instrument, leave the Premises in a neat and presentable
condition, returning the Premises as nearly as practicable to its condition before
such entry; for example trees, light-poles, driveway surfacing, and/or
miscellaneous appurtenances encountered during construction or periodic
maintenance shall be repaired and/or replaced as nearly as practicable to their
respective condition before such entry. The existing roadside fence is to be
protected during construction of the 2014 Coddington Road Water Main
Replacement Project.
IN WITNESS WHEREOF, the Grantor(s) and Grantee have hereunto set their
hands and seals the day and year first above written.
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2014-09209 08/01/2014 10:11:06 AM
Michael &Linda Duttweiler TOWN OF ITHACA
By: a t
v'`
By4 By:
/Z/A
[Name] Herbert J. En n
[Title] Supervisor
State of New York )
County of Tompkins )ss.:
On the —3L-rday of in the year 2014before me, the undersigned,
personally appeared JM i'J% s .,ttw t[eY ,,A&Li,,►h DvdwtiK%personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),
and that by his/her/their signature(s)on the instrument,the individual(s),or the person
upon behalf of which the individual(s)acted,executed the instrument.
--� •
Notary Publi MARY L.RUSSELL
Notary public,State of New York
Qualified in Tompkins County
No.02RU6172956 I S. M t'
Commission Expiration Date 08/20/
State of New York )
County of Tompkins )ss.:
On the i 5-- day of in the year 204before me, the undersigned,
personally appeared Herbe t gman,personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s)whose name(s) is (are)subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument,the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
oPublic
eAistine
Notary Public-SaUeof New York
0
Qualif ed int ompkiins County
MY Commission Expires June 19,20 IL
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2014-09209 08/01/2014 10:11:06 AM
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