Text · page 2 of 57
This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.
action under SEQRA, determining the action to be a Type II action; and WHEREAS, the Erie County Legislature approved the granting of temporary and permanent easements through adoption of resolution COMM. 24E —11 (2025) on December 18, 2025; NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. IncorporationofRecitals. The recitals set forth above are incorporated andrestated herein as material terms of this Agreement; and 2. Grant of Temporary Easement, and Construction of Culvert. Subject to, and in consideration of, the Town’s demolition of the existing and construction of a new culvert over Cazenovia Creek where it intersects with Cornwall Road at Emery Park, the County hereby grants to the Town a Temporary Easement area of 3,180 +/- square feet, over, under, and across the portions of the Park Property knownas 0 Emery Road (SBL: 201.00-1-46) at the location identified as “Temporary Easement North” and a Temporary Easement area of 3,180 +/- square feet over, under, and across the portion of the Park Property known as 0 Cornwall Road (SBL: 201.00 -3-4) at the location identified as “Temporary Easement South”, on the drawing attached hereto as Exhibit A and laying within the area described on the attached ExhibitB (collectively referred to herein as the “Easement Premises”’) solely for the purpose of entering the Easement Premises to: (a) perform the Work; (b) establish, install, construct, maintain, repair, remove, replace, and operate roadwork and bridge infrastructure and related appurtenances within the Easement Premises at the Town’s sole cost and expense; (c) have unimpaired ingress, egress, and access to and from the Easement Area as is necessary and/or convenient to the exercise of the rights granted herein for a period of twenty four (24) months from the date of the County’s execution of this Agreement (the “Temporary Easement’); and 3. Grant of Permanent Easement. Upon Completion of the Work, the County hereby grants to the Town a non-exclusive easement area of 958 +/- square feet over, under, and across the portions of the Park Property known as 0 Emery Road (SBL: 201.00-1-46) at the location identified as “Permanent Easement North” and a non-exclusive easement area of 479 +/- square feet over, under, and across the portion of the Park Property known as 0 Cornwall Road (SBL: 201.00-3-4) at the location identified as “Permanent Easement South” on the drawing attached hereto as Exhibit A and laying within the area described on the attached Exhibit B (collectively referred to herein as the “Easement Premises”) solely for the purpose of entering the Easement Premises: (a) to perform the Work; (b) establish, install, construct, maintain, repair, remove, or replace roadwork and bridge infrastructure and related appurtenances within the Easement Premises at the Town’s sole cost and expense; and (c) to have unimpaired ingress, egress, and access to and from the Easement Area as is necessary and/or convenient to the exercise of the rights granted herein (the “Easement’); and 4. Maintenance. The Town shall be solely responsible for maintenance of the culvert and adjacent Cornwall Road right-of-way; and 5. Notification of Commencement of Work. At least thirty days (unless a shorter