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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: 15-108475
Grantor(Party 1) Grantee (Party 2)
CORNELL UNIVERSITY ITHACA TOWN OF
Fees Transfer Amt: $0.00
Recording Fee $0.00 Instrument #: 2015-13654
TP-584 Form Fee $0.00
Pages Fee $0.00 Transfer Tax #: 000683
State Surcharge $0.00
Property located in Dryden
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on November 13th, 2015 at 10:44:31 AM
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
2015-13654 11/13/2015 10:44:31 AM
PERMANENT WATER MAIN
EASEMENT AND RIGHT-OF-WAY
THIS INDENTURE is made this 1_ _ day of J� 2015 by and between
Cornell University, c/o Real Estate Department, Box DH, Ithaca, New York 14853
("Grantor" or "Cornell), 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 approximately 119 acres,
identified as tax parcel number 53.-1-2, located in the Town of Dryden, 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, 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, pressure reducing valves and pits, 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 Dryden,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
Dryden, County of Tompkins and State of New York, being part of tax
parcel 53.4-2 and to be a 50 by 30 foot parcel of land being more
particularly bounded and described as follows:
Commencing at a point in the centerline of Freese Road, which point is
2970 feet southeasterly from the intersection of the centerline of Freese
Road and the centerline of Hanshaw Road;
Thence S 29° 59' 09" E 24.75 feet to a point on the southerly line of Freese
Road marking the True Point of Beginning.
Thence S 29°59' 09" E 30.00 feet to a point,
Thence N 60° 00' 51" E 50.00 feet to a point,
Thence N 29°59' 09" W 30.00 feet to a point
Thence S 60° 00' 51" W 50.00 feet along the southerly line of Freese Road
to the True Point of Beginning.
The above description creates a box that runs along the edge of Freese
Road,but does not include Freese Road within the easement area.
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2015-13654 11/13/2015 10:44:31 AM
The above described easement and right-of-way are more particularly
shown on a survey map entitled "Easement Map for Freese Road PRV
Cornell University", made by Town of Ithaca and dated October 5, 2015, a
copy of which map is intended to be filed concurrently herein.
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,pressuring reducing valves and pits,
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.
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, pressure reducing valves and pits, 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."
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2015-13654 11/13/2015 10:44:31 AM
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
(1) 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;and
(2) Grantee, by accepting this easement agrees it shall indemnify Grantor, Grantor's
trustees, officers, employees, agents, successors and assigns (collectively, the
"Indemnified Parties'), and hold them harmless from any claims, demands, actions,
suits, liabilities, losses, injuries, costs, or judgments (collectively, "Claims") that arise out
or result from (in whole or in part) the use or occupancy of said easement area by
Grantee, its employees, contractors, agents, or invitees, including (without limitation)
reasonable investigatory and legal costs. Notwithstanding the foregoing, Grantee is not
required to indemnify the Indemnified Parties from Claims that are a result of the
negligence or willful misconduct of the Indemnified Parties;and
(3) Grantee shall not allow any claim, lien or other encumbrance arising from its use of
the easement to accrue against or attach to said Premises or any other portion of the
Grantor's Property, but if any such lien or notice of lien is so filed, Grantee shall
promptly discharge any such lien or notice of lien that may be so filed. Grantor shall
send to Grantee timely written notice of any such lien so filed of which Grantor itself has
notice.
This easement and right-of-way, and the covenants contained herein, shall inure to and
be binding on the successors and assigns of the respective parties.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and
seals the day and year first above written.
CORNELL VERSITY TOWN OF ITHACA
By: By: - /
6Zy Thomas ' Herbert J. Engma
Senior Director, Real Estate Dept. Supervisor
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2015-13654 11/13/2015 10:44:31 AM
State of New York )
County of Tompkins ) ss.:
N4Ut4)PeOL
On the -l'"— day of 9eteiqein the year 2015 before me, the undersigned, personally
appeared Jeremy Thomas, 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.
CHRISTINE R. HASS
OLLV)'-f�� Notary Public, Stafe of New York
No. 01 HA6023298
Coun
Notary Public
Commission Expiresualified in )Junres14, 20ty1�
State of New York )
County of Tompkins ) ss.:
041
On the day of in the year 20 before me, the undersigned,
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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)/14r the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
PAULETTE TERWILLIGER
Notary Public,State of New York
No.OITE6156809
Qualified In Tompkins County
Commission Expires December 4.20_L
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2015-13654 11/13/2015 10:44:31 AM
Tax Parcel 53. -7 -2
Cornell University R. O.
2970 ft. to Centerline Freese Rood
Insection with Honshow Rd
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