Southtowns Record

Town Board Regular Meeting Agenda, Apr 13, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
Apr 13, 2026
Kind
Agenda
Topics
Zoning and land use, Public safety, Water, sewer and drainage, Budget and taxes, Roads and traffic, Parks and recreation

Original document

Same meeting

Text · page 76 of 146

Read the whole document on one page (all 146 pages, each with its own heading)

GRANT OF EASEMENT

  Town of Hamburg, a New York municipal corporation, having an address at 6100 South Park Avenue,
Hamburg, New York 14075 (hereinafter  is the owner of that certain parcel of real property
commonly known as 2800 Lakeview Road, located in the Town of Hamburg, County of Erie in the State of New York,
identified on the tax maps of the County of Erie, as Section 194.00/Block 4/Lot 16 (SBL# 194.00-4-16) and pursuant to
that certain deed recorded with the County Clerk of the County of Erie on November 19, 1993 in Liber 10797 at Page
  consideration in the amount of One Dollar ($1.00) and other valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, hereby grants to NIAGARA MOHAWK
POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New
York 13202 and VERIZON NEW YORK INC., having an address at 140 West Street, New York New York 10007
hereinafter collectively  Grantees for Grantees and their lessees, licensees, successors, and assigns a
perpetual and  (the
  under the following terms and conditions.

  Section 1  Description of the Easement. The Easement provides the Grantees with the right, privilege, and
authority to:

  a.  construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at their pleasure,
remove any poles or lines of poles, supporting structures, cables, crossarms, overhead and underground wires, guys, guy
stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and
  Grantees shall require now and from time to
time, for the transmission and distribution of high and low voltage electric current and for the purpose of transmitting
intelligence and communication data, by any means, whether now existing or hereafter devised, for public or private use,
in, through, upon, over, under, and across that certain  2 below (the
  and any  , and to renew, replace, remove, add
to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area,
and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; and

  b.  from time to time, without further payment therefor, to clear the Easement Area of obstructions or
structures, and clear and keep cleared the Easement Area by physical and/or mechanical means, of any and all brush,
trees, limbs, branches, roots, vegetation, or other obstructions; and

  c.  from time to time, without further payment therefor, to clear and keep cleared by physical and/or
mechanical  beyond the bounds of the Easement Area, of any and all trees, limbs, branches,
roots or vegetation that, in the sole judgment of the Grantees, due to species or structural defects or their tall growing
nature, are likely to fall into or encroach upon the Easement Area or interfere in any way with the safe and reliable
operation of Grantees existing or proposed Facilities; and

  d.  excavate or change the grade of the  as is reasonable, necessary, and proper for any and
all purposes described in this Easement; provided, however, that the Grantees will, upon completion of the work, backfill
and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and

  e.  pass and repass on foot and with vehicles and equipment, along, over, across and upon the Easement
  onstruct, reconstruct, relocate, use, and maintain
roads, paths, causeways, and ways of access to and from the Easement Area as is reasonable and necessary in order to
exercise to the fullest extent the Easement.

  Section 2 Location of the Easement Area.
Land twenty (20) feet in width throughout its extent, the centerline of the Easement Area being the centerline of the
Facilities. The general location of the Easement Area is shown on the sketch entitled,  -Exhibit A,
WR# 31203402 which sketch is attached hereto as Exhibit A and recorded herewith. The final and definitive
location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities
by the Grantees in substantial compliance with Exhibit A hereto.

  Section 3 Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantees, their
successors and assigns.

  Section 4 General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns,
hereby covenants and agrees with the Grantees that no act will be permitted within the Easement Area which is
inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto,

  2b OH Electric & Telephone Dist Easement-corp, llc, estate, trust (September 2022)
  WR# 31203402

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