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Tompkins County Clerk Recording Page
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Return To Maureen Reynolds, County Clerk
CLOSING USA LLC Tompkins County Clerk
FED EX 6728 2417 0243 320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 16-125882
Grantor (Party 1) Grantee (Party 2)
CORNELL UNIVERSITY TOWN OF ITHACA
Fees Transfer Amt: $1.00
Recording Fee $20.00 Instrument #: 2016-04865
TP-584 Form Fee $5.00
Pages Fee $35.00 Transfer Tax #: 001606
State Surcharge $20.00
Property located in Town of Ithaca
Total Fees Paid: $80.00
State of New York
County of Tompkins
Recorded on May 6th, 2016 at 2:11:24 PM with
a total page count of 7.
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
2016-04865 05/06/2016 02:11:24 PM
o'
PERMANENT SANITARY SEWER
EASEMENT AND RIGHT-OF-WAY
�W-0�(-f VIe
THIS INDENTURE is made this 5'�'`day of G�( , 2016 by and between Cornell
University, an education corporation chartered by the State of New York, c/o Real Estate
Department, Box DH-Real Estate, Ithaca, New York 14853 ("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 28.9 acres, more or less, being part of tax
parcel number 24-4-5.2, located in the Town of Ithaca, Tompkins County, New York.
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
N the Town, its successors and assigns forever, an EASEMENT and RIGIIT-OF-WAY to excavate,
vo �_ install,lay,construct,operate,make observations of, inspect,maintain,alter,improve,repair,remove,
C - 0 >- replace or change the size of sewer mains, laterals, collectors, lines and pipes, or to allow Town's
os- < > Z
C0 u) o agents to do the same, 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
acrnE � b g g p
8 .o M below-described parcels of land, such parcels being the areas of the permanent easement and right-
v �° 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, situated in a portion of Military Lot 87, in the
Town of Ithaca, County of Tompkins, and State of New York, being part of tax parcel number 24-
415.2, more particularly described as follows (hereinafter the "Premises"):
Commencing at the point of intersection of the centerline of West Hill Drive with the centerline of
Trumansburg Road, N.Y.S. Route 96, thence,
A. South 50°38'29" East, along said centerline of Trumansburg Road, a distance of 273.14 feet
to a point; thence,
B. South 62°13'45" West, a distance of 35.82 feet to a point, said point being the most
northeasterly property corner of lands now or formerly of New York State Electric & Gas
Corporation, Tax parcel number 24.-4.51, also being the southeasterly corner of lands now or
formerly of Overlook at West Hill 11 Housing Development Fund Corporation, filed at
instrument number 468655-002, Parcel 1, also known as Parcel C; thence,
C. South 62°13'45" West, along the southeasterly boundary line of said Overlook at West Hill II
Housing Development Fund Corporation, a distance of 562.86 feet to the Point of Beginning;
thence,
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1. South 20°30'56" East, a distance of 146.53 feet to a point of intersection with the Easterly
line of a proposed 60 feet wide right-of-way to be dedicated to the Town of Ithaca; thence
the following two courses along said Easterly line,
2. Northwesterly, along a curve to the left, having a radius of 180.00 feet through a central
angle of 14°2739", a distance of 45.43 feet to a point of tangency; thence,
3. North 441117'07" West, a distance of 17.62 feet to a point; thence,
4. North 20°30'56" West, along a line parallel with and 20 feet Westerly of course number 1,
a distance of 84.43 feet to a point of intersection with the aforementioned southeasterly
line of lands of Overlook at West Hill II Housing Development Fund Corporation; thence,
5. North 62°13'45" East, along said southeasterly line, a distance of 20.16 feet to the Point of
Beginning, containing 2,216 square feet of land, more or less.
All as shown on a map prepared by Passero Associates,entitled"Map Showing Proposed 20' wide
Sanitary Sewer Easement to the Town of Ithaca," dated February 17, 2016, which map is attached
hereto as Exhibit A.
Being a portion of lands conveyed by the Grand Lodge of the Independent Order of Odd Fellows
of the State of New York and the Grand Lodge Independent Order Odd Fellows Home and
Orphanage of the State of New York to Cornell University by Deed dated December 17, 1979 and
recorded in the Tompkins County Clerk's Office on December 21, 1979 in Liber 575 of Deeds at
Page 5.
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 (except for roads, buildings and other structures to be constructed, used and
maintained on or beneath the surface of the Premises in accordance with permits and approvals issued
by Grantee that explicitly reference the aforesaid permanent easement)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 sewer 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, except
for trees or other plants to be installed and maintained on or beneath the surface of the Premises in
accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid
permanent easement, 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, except to
the extent necessary for the construction, use and maintenance of buildings and other improvements
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2016-04865 05/06/2016 02:11:24 PM
on the Premises in accordance with permits and approvals issued by Grantee that explicitly reference
the aforesaid permanent easement, 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, except
during the construction or maintenance of buildings, foundations and other improvements to be
constructed, used and maintained on or beneath the surface of the Premises in accordance with
permits and approvals issued by the Grantee that explicitly reference the aforesaid permanent
easement, 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 sewer easement and right-of way to convey rights to the Town
of Ithaca for sewer 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 sewer 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 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.
2. Grantee shall not allow any claim, lien or other encumbrance arising from its use of the
easement area to accrue against or attach to the easement premises or any other portion of the
Grantor's property, but if any lien or notice of lien is so filed, the responsible party shall promptly
bond and discharge any lien or notice of lien that may be so filed. Grantor shall send to Grantee
timely written notice of any lien so filed of which Grantor itself has notice, and Grantee shall send
to Grantor timely written notice of any lien so filed of which Grantee itself has notice.
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.
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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.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the
day and year first above written.
CORNELL UNIVERSITY TOWN OF ITHACA
t
nne M. DeStefano William D. Goodman
ecutive Vice President and CFO Supervisor
State of New York )
County of Tompkins ) ss.:
On the 9-tk day of March in the year 2016 before me, the undersigned, personally appeared
Joanne M. DeStefano, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her capacity, and that by her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
�4'",CY H. PACL)ARO
nNotsry f't ;; ;� ';,,;,, ui New York
0�'infJ�
0. in -np,',ins County
Notary PubHc Co",n)"ss'-30 L:;,ir&s Novjrnbor 30, ' DI'7
State of New York )
County of Tompkins ) ss.:
On the ' day of���,f�l,.r in the year 2016 before me, the undersigned, personally
appeared William D.Goodman personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
SUSAN HAJDA BROCK
Notary Public Notary Public, State of New York
No. 4955730
Qualified in Tompkins County
Commission Expires September 5, 201�
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EXHIBITA
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2016-04865 05/06/2016 02:11:24 PM
Map Showing Proposed 20' wide Sanitary
Sewer Easement to the Town of Ithaca
S6213'45"W
35.82'
oa
OP
J P.O.C. /
/ I Iron Pipe Fnd.
0.00'North
0.00'East
TAX ACCOUNT NO. 24.00-D4-014.23
N/F OVERLOOK AT WEST HILL II
1 HOUSING DEVELOPMENT FUND
CORPORATION II
6 FILED AS INSTRUMENT NUMBER
468655-002, PARCEL 1. ALSO KNOWN
AS PARCEL C
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24.00-04-005.1
N/F NEW YORK STATE a
ELECTRIC& GAS o
CORPORATION
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LOT 2 z
20'WIDE SANITARY SEWER
EASEMENT CENTERED ON TAX ACCOUNT N0. S
THE SANITARY SEWER PIPE 1 24.00-04-05.2 0
AS DESCRIBED IN DEED I N/F CORNELL UNIVERSITY m
INSTRUMENT I
N0. 468635-001 0
P.O.B. SANITARY 20' WIDE SANITARY o0
SEWER EASEMENT SEWER EASEMENT
AREA 2,2161 SOFT.
S20'30'56"E o
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N62'13'45'E
20.16'
N4417'07W L=45.43' i
R.O.W. LOT 1 17.62' R=180.00' $
N20'30'56 W TAX ACCOUNT NO. 24.00-04-05.2 A=1427'39"
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84.43 N/F CORNELL UNIVERSITY m
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PROPOSED 60' WIDE R.O.W. TO BE i
DEDICATED TO THE TOWN OF ITHACA
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Client: Scale: 1"=80'
Passero Associates CAYUGA MEADOWS
0011SF9tREALTYLLC Dale: 02-17-2016
242 West Main St.,Suite 100,Rochester,NY 14614 SENIOR HOUSING 183 EAST MAINSTM7 PIC: John Caruso P.E.
585-325-1000 FAX:585 760-8580 DEVELOPMENT ROGEFIUt,N.Y.14604 PM:Rob A.Vento PLS
www.passero.com TRUMANSBERG ROAD Drafted By: R.D.C.
Engineering Surveying ITHACA,NY 14850 Project No.
Architecture Planning 20080511.0002