The URL can be used to link to this page

Home My WebLink About2015-04666 S`t=11 IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: EASEMENT Receipt Number: 15-90207 Grantor(Party 1) Grantee (Party 2) BENJAMIN, GEORGE ITHACA TOWN OF Fees Transfer Amt: $0.00 Recording Fee $0.00 Instrument #: 2015-04666 TP-584 Form Fee $0.00 Transfer Tax #: 001540 Pages Fee $0.00 State Surcharge $0.00 Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on May 4th, 2015 at 10:59:04 AM with a total page count of 6. jy�Quf" 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 2015-04666 05/04/2015 10:59:04 AM s PERMANENT WATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this day of , 20 2by and between George and Joan Benjamin, individuals a 329 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 is the owner of a certain parcel of land of .42 acres, identified as tax parcel number 53.4-16.1, located in the Town of Ithaca, Tompkins County, New York, ("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, an EASEMENT and RIGHT-OF-WAY 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 parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, all 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 329 Coddington Road and to be a 20 foot wide strip of land being more particularly bounded and described as follows: Commencing at a point in the centerline of Coddington Rd, being located southerly 340 feet, more or less along the centerline from its intersection with the centerline of Juniper Drive, THENCE North 87° - 50' - 20" East 22.14 feet to a point THENCE South 23° - 59' - 26" East 100.00 feet to a point THENCE South 87° - 50' - 20" West 25.94 feet to a point THENCE North 23° - 59' - 26" West 100.00 feet to the point of beginning. 1 2015-04666 05/04/2015 10:59:04 AM t The above described lands intended to be a 20 foot wide strip of lands along the easterly side of the centerline of Coddington Rd. Being a portion of lands conveyed by Paul and Virginia Iacovelli to George and Joan Benjamin;by Deed dated July 12, 1989 and recorded in the Tompkins County Clerk's Office Instrument #062785-001 The above described easement and right-of-way are more particularly shown on a survey map entitled "Easement Map for Water Easement 329 Coddington Road", made by Town of Ithaca, dated December 19,2014, a copy of which map is intended to be filed concurrently herein. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures shall be constructed 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. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures shall be constructed or placed 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. Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction or blasting within said easement and right-of-way. 2 2015-04666 05/04/2015 10:59:04 AM 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that it 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. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein: "Being the purpose of the said water easement and right-of way to convey rights to the Town of Ithaca for water 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 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 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 easement unto the Town, its successors and assigns forever, it being the intent of the Grantor to have this easement and all related rights-of-way herein expressed run with the land forever, and be permanent and perpetual. 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. IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. 3 . 2015-04666 05/04/2015 10:59:04 AM y [GRANTOR'S NAME] TOWN OF ITHACA By: By: -- [Name] Herbert J. Engman [Title] Supervisor State of New York ) County of Tompkins ) ss.: On the d l day o 74 C.) a in the year 20LI before me, the undersigned, personally appeared D.,k e4 i�rsonally 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 individua s) acted,exe ted the instrument. Notary SHANE State of NNew York Qualified in Tompkins County No. 01 CA6252590 ary Public MY Commission Expire= 12"12 20-L State of New York ) County of Tompkins )ss.: �► On the �rday of n the year 20_ before me, the undersigned, personally appeared Herbert J. E 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) the person upon behalf of which the individual(s) acted, executed the instrume Notary Public PAULETTE TERWILUGER Notary Public,State of New yo* C�uelifted infTo 6pkinscs county Commission Expires CecembW 4,204 4 2015-04666 05/04/2015 10:59:04 AM Centerline Location and Bearing Based on Map By Clarence Brohsher LLS Titled Survey Map 329 Coddington Rd Dated September 21. 1989 / Filed in the Torpkins County Clerks Office December 6. 1989 Instrument t 291320-001 Ceor9e d ✓oon Benlom%n RO 329 N 87 50' 20" E 22. 14' S 87 50' 20" W PE _ 25.94' S 23 59' 26 E 10 pE P POB N 23-9' 26 Codd�97'n Rood 10 0 41 n9 C n 340' to Centerine Juniper Drive Eosemen t Mop Through the lands of Tax Parcel of 1 Ty'e 53. -1-16. 1 12/19/2014 For Water Easement Town o/ Ithaca, t 1 "= 20' 329 Coddington Rd P Y w 5L"`� Tompkins Count New York