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HomeMy WebLinkAbout021218-001 /D �v 548 -16 4093 Y, t� EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF Lansing V IAGE OF Property Address: Tax Parcel Numbat 47-1-75.2 Sr 'J� THIS INDENTURE made as of the ell/ day of " ' 19'ie<.IIE'TWF1N MARTIN P. CATHERWOOD • referred to as the GRANTOR,and the TOWN OF ITHACA. a municipal corporation in the Countyof Tompkins,-New York,I►e rd r:lso refaced to as GRANTEE,as the Agent Municipality,acting in behalf of Itself..the Towns of Lansing and Dryden, the, .-._ Village of Cayuga Heights and other municipalities, all or such as will be jointly associated-in the-Project to- obtain a water supply from Cayuga Like for lands in said municipalities (sometimes referred to as the Bolton Pant Water Supply Project), its or their successors and assigns. WITNESSETH: WHEREAS the said municipalities have jointly agreed to construct facilities for the said Project which include water transmission pipe lines and appurtenances which by reason of topography and grades in certain locations must depart from established highways in order to rends proper water supply and distribu- tion service to property owners in the said municipalities, and WHEREAS the GRANTOR is the owner or has an interest in real property where the water transmission pipe line or lines and appurtenances or other facilities must cross or encroach upon private property for the above reasons, NOW,THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result-of stabilization of property values and protection of health and otherwise. and in further consideration of the covenants herein contained and other good and sufficient consideration, re- ceipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Agent Municipality,its successors and assigns forever: A permanent right-of-way to enter upon,construct,operate,main- tain,repair and replace a water transmission pipe line and appurtenances or such other facilities as are herein described on the lands of the GRANTOR in accordance wish official plans and specifications filed originally' at the office of the Town ©erk of the Town of Ithaca; the width of the right-of-way and the approximate loca- tion of the center line are shown on the attached map;XL:tltialCK�ts�o87htx�4}4tcnOtxotsc2iDysC]cXOGe Yettcet�lma sslahrt xlgbmut srxyt Map No. 15 B REAL STATE a 'MATE OF W.NsfigTAX'�+kk�S"r'r YrAK 3�1.'ap SVH�'t9 Sle H.1 . Alltno sNi��dH 1 Slt Nd of � g l�� Q � � 1 � 548 47 Together with a temporary easement during the period of original construction over so much of the owner's. property as may be necessary for men and vehicles while the said water main and appurtenances (or any other facilities speafically described below) are being installed, which temporary easement is also shown on the at- tached tcached map. The execution of this instrument by a party holding the following lien(s) on the above premises shall con- stitute a release from any such lien(s) of the easement granted hereby: The water main and app:utenances (or any other facilities) constructed on said premises shall remain the prop erty of and shall be under the control and supervision of the GRANTEE and such other municipalities as may be associated in the Project,but the GRANTOR (1) reserves the underlying fee title to said property covered by said right-of-way,subject to the rights and privileges herein granted to the GRANTEE,and (2) GRANTOR re- serves the right to use and enjoy said premises provided that such use shall not interfere with the construction, maintenance,operation or repair of,or cause injury or damage to, the water main or other facilities or appur-. _ + tenances.The GRANTEE will restrict its operations to the minimum feasible width for said right of way.When-'' # ever any work is done on the GRANTOR'S premises, it is agreed that,without expense to the owner, all debris' ? will be removed,the premises will be restored to substantially the same condition they were in before such'work was done: the GRANTOR shall give prompt notice to the GRANTEE or its agents of any damage to the prop• erty or failure to restore the same properly. Additional provisions,deed references,property descriptions (if desire-d).and description of additional facili- ties are hereinafter set forth: 1. Grantee shall replace trees, if substantially damaged, in eastern- most and .center rows. 2. Trees in westernmost row shall be temporarily removed and protect- ed, by the Grantee, during laying of pipe and said trees will then be re- planted in location chosen by Grantor. At Grantor's option, replacement trees may be taken from elsewhere in Grantor's subdivision (but not larger than those in center row) . Trees, in this row, which are not replanted by May 10, 1975, shall be replanted at an appropriate time in September, 1975. by the Grantee 3. A limited number of trees in center row will be replanted/in the row- as specified by Grantor. (Not more than 30) 4. If any tree in the easement is total destroyed or substantially damaged in .maintenance of the water line, such tree shall be replaced by another or similar tree not larger than that damaged and not more than 8 feet in height. 5. If any tree which is replanted or replaced pursuant to the pro- visions of paragraphs 1, 2 and 4, above, do not survive for a period of one year from such replacing or replanting, the Grantee agrees to replace or replant such tree. fa 548 fu Qfl This instrument shall bind the parties btaew their distributee„ paaond reptesentadse, ntooasosa and assism IN WITNESS WHUMOF, this instrument has been duly executed by the GRANTOR(5) and/or the holden of this lien WITNESS: (sign below) • i S_ TOWN OF ITHACA,- AS AGENCY >GS MUIfICIPALYTY fO_.Towns of Lansimg.,._..I.thaca, Dzydt_n.—_LS. and village of Cayuga Heights STATE OF i IS, UA-1 COUNTY OF p.eivosel - On this day of . 19, , before me, the subscriber. ers . personally appeased - to me personally known and known to me to.be the same person 4s) described in and each-of-:. • whom executed the within instrument,and duly acYnowledged to me that he executed the same. NOTARY PUBLIC STATE OF SS.: COUNTY OF_ On this day of - April 19. 75 . before me; elle subscriber.:-_ . 1OMkdt wally appeared Martin P. Catherwood to me personally known and known to me to be the same person(s) described in and each of whom executed the within instrument,and duly acknowledged to me that he executed the same. NOTARY PUBLIC STATE OF N `1 SS.: COUNTY OF —7r—li7 a/"L vt on this Al 97—day of f'/PiL 19.7-r . befort sae, the subscriber. a. ment by personally appeared [__ L• "T/z0a)-,31?,V iz wi the subscribing witness to the foregoing instrument, tom personally known, who being by me duly sworn. did depose and say that he resides at ��L/rI y�l�, �//V . that he knows said 1111q C i,W � / to be the individual(s), described in, and who executed the foregoing instrument; that be, the subscribing witness, was present and saw him execute the same; and that he. said at the same time subscribed his name as witness thereto. 0TAb*XWU9ERGXN Rotary Pub!lc,State of"aw York STATE OF NEW YORK ) SL: Na 5 ompl ns COUNTY OF ) =led in Tor arch 0, TOMPRINS enm FSPb'�'March 30, 19V On this If r# day of April . 19 7 5 ,before me per sonally came Walter J. Schwan to me personally known who,being by me duly sworn did depose and say that he resides at that he is the Supervisor of Town of Ithaca unici 1 the not Pgesaibed•in and which executed the above Instrument;that he knows the seal of said corporation; that al affixed to said Instrument is such corporate seal; that it was to affixed by order of theWosaup&:rxAoW and that he signed his name thereto by like order. and by order of all �e above n-�1r�ed Municipali– ties *. zi' " •�a NOTARY PUBLIC EDWARD L.iiEttl:EN Notary Public,State ooff New York No.SS-Quaff led in Tompkins County Perm Expires March 30, 197 A ewe aepy of the orlylnel.wce.ded on the �p day of t_ 5 ut M.,and examined. \ Clerk �_ e I