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Home My WebLink About2014-12196 Tw-F-10T.- 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: EASEMENT Receipt Number: 14-73937 Grantor(Party 1) Grantee (Party 2) MOYER, ADEN ITHACA TOWN OF Fees Transfer Amt: $0.00 Recording Fee $0.00 Instrument #: 2014-12196 TP-584 Form Fee $0.00 Pages Fee $0.00 Transfer Tax #: 000465 State Surcharge $0.00 Property located in Town of Ithaca Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on October 8th, 2014 at 3:24:23 PM with a total page count of 6. 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 2014-12196 10/08/2014 03:24:23 PM PERMANENT WATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made thiso_ day of 2014 by and between Aden Moyer, an individual, 699 Coddin n 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 is the owner of a certain parcel of land of 7.8 acres, identified as tax parcel number 48.4-12.1, located in the Town of Ithaca, Tompkins County, New York (the "Premises"). NOW WITNESSETH, that the Grantor, 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 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 48.4-12.1 and to be an 20 foot wide strip of land being more particularly bounded and described as follows: The permanent water easement and right-of-way shall be a 20 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 48.4-12.1. The above described permanent easement and right-of-way are more particularly shown on a map entitled "Permanent Easement for Water Main Easement 699 Coddington Rd." prepared by Town of 1 2014-12196 10/08/2014 03:24:23 PM Ithaca, dated September 16, 2014, (the "Easement Map"), which Easement Map is attached hereto and incorporated herein by reference. FURTHER WITNESSETH: That the Grantor covenants and agrees 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 further covenants and agrees: 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 2 2014-12196 10/08/2014 03:24:23 PM 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 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 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 permanent right-of-way and 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, be permanent and perpetual, and inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. V AND 'THE TOWN DOES COVENANT that Grantee will at all times, when it enters 'che`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 conditions before such entry. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. r 3 2014-12196 10/08/2014 03:24:23 PM Aden Moyer TOWN OF ITHACA B : �v B Y Y: - 'Z�� [Name] Herbert . Engman [Title] Supervisor State of New York ) County of Tompkins ) ss.: L On the A day of in the year 20_ before me, the undersigned, personally appeared /1 0 Ij , personally known to me or proved to me on the basis of satisfactory 1 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. LAURA FRSTORE Notary Public-State of N@wY** 9,b M Walliled in Schuyler County Certificate Flied-Tompkins County No ry Public 11M 01 FAS270347 Oonwildon Divires:10-I&M0 State of New York ) County of Tompkins ) ss.: On the ( day of ne in the year 20_ before me, the undersigned, personally appeared Herbert J. Engman,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 instrume Notary Public PAULETTE TERwiLLIGER Notary Public,State of New York No.01TE6156809 QM11fied M Tompkins County Cwm*sion Expin3s December 4,20 4 2014-12196 10/08/2014 03:24:23 PM Centerline Location and Bearing Based on Map By Loweronce P. Fcbbroni Titled Survey Map of The Codd Lands Doted Moyl 31. 1989 as Amended Decenterl 17. 1990 July 08. 1995 August) 20. 2012 Filed in the TorWkins County Clerks Office Septembert 14. 2012. Instrument rt 597251-004 Aden Moyer R. O. CD 699 20 FT WIDE NEW WATER MAIN IN SAME WATER MAIN EASEMENT N 25° 49' E LOCATION AS EXISTING 22.05" S 34' 5 — — — — — N 38° 24' W 221.04' 52.83' S 38' 24' E 249.3' along Centerline C dington Road 0 a - - c .ucThrou h the lords of Tox Porce, c Permanent Easement g 0-m September 16. 2014 For Water Main 48.-1-12. 1 699 CODDINGTON RD Town of Ithoco, :�..� ' < 1" = 50' Tompkins County, New York AFM r�P AVVI �, H,