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Grant of Permanent Easement GRANT OF PERMANENT EASEMENT FOR INSTALLATION OF POTABLE WATER LINE SAMPLING STATION AND RELATED APPURTENANCES THIS INDENTURE, made the d [day of , 2014, between CHELSEA FIRE DIST T BY ITS BOARD OF FIRE COMMISSIONERS whose address for the purposes of this instrument is 16 Liberty Street, P.O. Box 128 Chelsea,New York 12512 (hereinafter referred to [collectively] "GRANTOR"), and TOWN OF WAPPINGER BY AND ON BEHALF OF THE UNITED WAPPINGER WATER DISTRICT ("UWWD"), AN ADMINISTRATIVE UNIT OF THE TOWN OF WAPPINGER, with offices situate at Town Hall, 20 Middlebush Road, Wappingers Falls,New York 12590-0324 (hereinafter referred to as the "TOWN"or the"GRANTEE"). WITNESSETH : WHEREAS, the GRANTOR is the owner of a certain parcel of property located on the south side of Chelsea Road in the Town of Wappinger, Dutchess County, New York, which property is more particularly described in a certain Deed from Albert E. Bate and Herbert H. Bate to the Board of Fire Commissioners of the Chelsea Fire District dated November 19, 1957 and recorded in the Office of the Dutchess County Clerk on December 16, 1957 at Liber 960 at Page 574, (hereinafter referred to as "GRANTOR'S PARCEL"); and WHEREAS, the TOWN has commenced, or is about to commence construction of a 12 inch potable water main ("WATER MAIN") pursuant to an Intergovernmental Agreement dated August 31, 2012 by and between the City of New York ("CITY") and the New York City 1 Department of Environmental Protection ("DEP"), collectively, with the Town of Wappinger on behalf of the United Wappinger Water District ("UWWD"); and WHEREAS, the GRANTOR has agreed to grant to UWWD an easement which will authorize and permit the construction of the WATER MAIN through a portion of the GRANTOR'S PARCEL and identified as the PERMANENT EASEMENT AREA hereinafter described; and WHEREAS, the TOWN has agreed to provide a 4 inch service connection within the PERMANENT EASEMENT AREA, for use by the GRANTOR. NOW, THEREFORE, in consideration of the sum of ONE (51.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of promises and covenants set forth below, the GRANTOR hereby grants and releases unto the TOWN a PERMANENT EASEMENT AND RIGHT-OF-WAY for the following uses and purposes and upon the following terms and conditions: I. RECITATIONS INCORPORATED. The recitations above set forth are incorporated in this Grant of Permanent Easement for Installation of Potable Water Main as if fully set forth and recited herein. 2. GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. The GRANTOR grants unto the TOWN a PERMANENT EASEMENT and RIGHT-OF-WAY under and through that portion of the GRANTORS parcel hereinafter described and called the PERMANENT EASEMENT AREA, for the purposes of constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting underground pipes, conduits and related appurtenances including a sampling station for the transportation of potable water through the PERMANENT EASEMENT AREA. The PERMANENT EASEMENT AREA herein is more 2 particularly described on Schedule "A" attached hereto and made a part hereof and is further depicted on Schedule`B", a map of the easement area. 3. ACCESS. This GRANT of PERMANENT EASEMENT shall include, but is not limited to, the following appurtenant rights necessary to effectuate the construction and maintenance of the aforementioned underground potable water pipes, and appurtenances: (a) the right of ingress and egress by person(s), motor vehicles and construction equipment necessary to lay and construct the underground potable water transmission pipes, lines and appurtenances under and through the PERMANENT EASEMENT AREA and to maintain, repair, reconstruct, replace, sample and inspect the same as TOWN may deem necessary or desirable; and (b) the right to clear, excavate, 511, or grade the PERMANENT EASEMENT AREA and/or otherwise improve the same to the minimum extent necessary for the purposes herein set forth. 4. SERVICE CONNECTION. The TOWN shall install a 4 inch service connection from the 12 inch water main being installed to the property line terminating at a 4 inch curb valve within the PERMANENT EASEMENT AREA for use by the GRANTOR. 5. PROHIBITION OF STRUCTURES AND PLANTINGS. The GRANTOR is hereby prohibited from constructing and/or maintaining any type of permanent structure, including underground pipes or conduits in, on, under or over the PERMANENT EASEMENT AREA without permission of UWWD. In addition, the GRANTOR is prohibited from planting any trees or shrubs on the surface of the PERMANENT EASEMENT AREA that will jeopardize the integrity of the WATER MAIN or otherwise interfere with the ability of the WATER MAIN to transport potable water. Not withstanding the forgoing, the GRANTOR shall be permitted to 3 construct and maintain paved driveways or plant flowers and shrubs or other plants, within the PERMANENT EASEMENT AREA provided such plants do not have a root system that extends more than 36 inches below surface. 6. RESTORATION. All areas disturbed by the TOWN in furtherance of the rights and privileges conferred by this Grant shall be restored, as reasonably as practicable, to the condition that existed prior to the disturbance; all black topped areas disturbed shall be repaved and other areas disturbed shall be graded and grass seeded. 7. INDEMNIFICATION. TOWN shall protect, indemnify, save and hold harmless GRANTOR and GRANTOR'S successors and assigns against and from all claims, loss, costs damages or expenses arising out of or from any accident or other occurrence, arising from the use of the PERMANENT EASEMENT AREA by TOWN, its agents, servants, employees, contractors and subcontractors for the construction, installation, operation and maintenance of a potable WATER MAIN and appurtenances within the PERMANENT EASEMENT AREA, causing injury to any person or property or arising from any act or omission of TOWN, its agents, servants, employees, contractors and subcontractors in connection therewith. TOWN shall hold GRANTOR harmless and indemnified against and from any penalty or damage or charges imposed for any violations of any law, regulation, or rule of any governmental or municipal body having jurisdiction over the potable WATER MAIN system to be installed herein, whether occasioned by the neglect of TOWN or any of TOWN'S agents, servants, employees, contractors or subcontractors. 8. DURATION. The PERMANENT EASEMENT and RIGHT-OF-WAY, together with the terms, covenants and agreements herein contained shall be binding upon the parties hereto, their successors, assigns, heirs, distributees and legal representatives, and ALL 4 COVENANTS HEREIN SHALL RUN WITH THE LAND AFFECTED HEREBY AND SHALL BE PERPETUAL IN DURATION. IN WITNESS WHEREOF, the GRANTOR and TOWN have executed this instrument as of the date first set forth above. GRANTOR(S): CHELSEA FIRE DISTRICT BY ITS B ARD OF FIRE COMMISSIONERS /K/BY: �Nti�YCH CHRISTOPHER KEARNS, Chairman TOWN: TOWN OF WAPPINGER BY AND ON BEHALF OF UNITED WAPPINGER WATER DISTRICT BY: BARBARA A. GUTZLER, Supervisor 5 STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss,AI. On the day of rY 2014, before me, the undersigned, a Notary Public in and for said State,persona ly appeared CHRISTOPHER KEARNS 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 i di per n upo beh / which the individual acted, executed the instrument. ary P lic C4R!STNEM. SCOREL0 - t �'•�ry''ui"'c 6t"I of New York Nc. 01SC6001296 Qu5i:f:e0 In fJUFChesCOUp1)F Ccrnrnss-on Expires 01 80 .fou � STATE OF NEW YORK ) T�— COUNTY OF DUTCHESS ) ss. On the day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared BARBARA A. GUTZLER 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. Notary Public Record and Return to: ALBERT P. ROBERTS, ESQ. STENGER, ROBERTS, DAVIS & DIAMOND, LLP 1136 Route 9 Wappingers Falls, New York 12590 6 EASEMENT TO BE GRANTED TO THE TOWN OF WAPPINGER BY CHELSEA FIRE DISTRICT T/O of Wappinger Tax Parcel No. 6056-09-016577 MA# W21215.000 04/14/14 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point at the intersection of Liberty Street and Chelsea Road (AKA CR 92), said point being the northwest corner of the lands, now or formerly, of Chelsea Fire District as shown on a map entitled "Maps of Land Situate at Low Point, NY" and fled in the Dutchess County Clerk's Office as Filed Map 472; thence running easterly along the southern boundary of said Chelsea Road South 52025'57" East 44.30 feet to a point; thence westerly through the lands of said Chelsea Fire Company South 68022'19" West 50.10 feet to a point located on the easterly bounds of said Liberty Street, thence northerly along the easterly bounds of said Liberty Street North 14009'03" East 46.90 to the point or place of BEGINNING. Containing 953 square feet of land, more or less. E'.\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\W21215.1 Chelsea Hamlet ExtensiomEasements\016577- Chelsea Fire Cc.doc R y2J rJF \ �SCHRLNKEL W E 1s.10 r 90 S .....,.,..o.,...,Sao..o.......................T........o..o........,....... FIRE DISTRICT OF CHEL5EA %w,. 50/a oma. L d..aw..�..........vv................�....�....o...<w...�a...ve .ascan miser ".,r� .eux CN CHELSEA FIRE 015TRIlCT 95cl. 0 �\.9 90 mw.m.� num .. u.mu nuuumuo.wun. mn ^ � [ru<noiew. / TATUM \ /yQ 9f.P1$U�� ( FjI MAP OF EASEMENT TO BE GRANTED TO )o c nz TOWN OF WAPPINGER aar mnn�ounus BV DIS ICT 0 .n...�nMusnM�M CHELSEA TAX PARCEL FIRE Io. 01657T 7 o TOWN OF WAPPINGER DUTCHF.SS COUNTY,NEW YORK D ECKF.R o r.r. SIIRVEYING + -�•• w.w. "� APRIL Id,201a 1"=40'