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I tpf_• 548 (m. 76
EASEMENT
INTERMUNICIPAL WATER SYSTEM
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ......-_.......... . .._......-.........._...........
_..__.. ....
VILLAGE_OF ... �I,..yxt.,......___1� -4.
Property
Property Address: ".'S%0%A bq& q:) ".
Tax Parcel Number. 8 Z 8
THIS INDENTURE made as of the.:....23.._........_day of ,Ptenib _.,., 1974, BETWEEN
(rs.4%4L
referred to as the GRANTOR,and
the TOWN OF ITHACA, a municipal corporation in the County of Tompkins,New York,herein also referred
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 Lake for lands in said municipalities (sometimes referred to as the Bolton
Point 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 render 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 appur,enances or such otner facilities as are herein
described on the lands of the GRANTOR in accordance with official plans and specifications filed originally
at the office of the Town Clerk 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; the centet line of the pipe is actually laid shall be. the
center line of the right-of-way, except that upon completion of construction, the
width of said easement shall not exceed ten (10) feet.
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REAL ESTATE tt 'STATE DF 1h ► w
_ TRANSFER TAXr A--NEW YOPK A i� `^
' 7
548 PCE 77
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 specifically described below) are being installed, which temporary easement is also shown on the at-
tached map.
The execution of this instrument by a party holding the following lien(s) on the above premises shall con-
stitute a mlease•from any such liens) of the easement granted hereby:
The water main and appurtenances (or any other facilities) constructed on said premises shall remain the propr
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 pro
erty or failure to restore the same properly. It is expressly agreed that any' damage rom
subsidence of the soil or fill during�yearsafter completion will beer
Additional provisions,deed references,property descripti s t desired),and description of additional facili-
ties are hereinafter set forth:
*corrected or repaired by the grantee upon notice from the grantors.
No trees shall be cut, except those mutually agreed upon. All trees
that die within three years shall be replaced by like trees. s
i
Any settlement of soil mxx or fill will be immediately corrected and
repaired by the Grantee fxxn for a period of three years.
It is also agreed that the Grantee will remove certain clumps of growth
as designitted by Grantor. After removal, all disturbed area shall be
filled with topsoil and hand—raked to match existing grade. Re—seeding
of this area shall be done in accordance with best landscaping practice.
This also is guaranteed for three years.
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Work on the Grantor's.property shall be done while they are in residence.
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548 73
This instrument shall bind the parties hereto, their distributees, persogal representatives, successors and
assigns.
IN WITNESS WHEREOF, this instr ment has been duly executed by the GRANTOR(S)
and/or the holders of this lien
TNESS: (sign below):
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C�-, ��• .......�•e,.,....t�4a•4.......ado•.t�.......... .......:..........Ls.
................_.............
L.S.
.................I...........L.S.
LS.
• STATE OF NEW YORK ) SS,:
COUNTY OF TUUMPKINS )
(indlviduat On this 23 day of September )g, ��eEore me, the subscriber,
adurowledg• personally appeared FRANK H. GOLAY
went)
to me personally'known and known to me to be the same per n(s) described fin,,and each,of
whom executed the within instrument,and duly acknowl to th a exeCrtKed•the.sai
NOTARY trytci ]�
Miter), PvU rt_t5 K�tl��V,Ydrgt
STATE OF ) SS.: C;unlificd Pry l4:mpkine.(;oun:y
COUNTY OF ) Term Ez(hres A�It�A 3p;39 Jt
( dindual Qn this day of 19, before me, the'iubscriber,
.;n t) X personally appeared
menq
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.
...............................................
`','l NOTARY PUBLIC
STATE OF '�^"' ) SS.:
COUNTY OF ' )
• (Acknowklindg• On this � � day of 19„�y , before me, the subscriber,
ment by personally appeared ��-��
subscribing �.
witness) g y
the subscribing witness to the for ng inatru t, to me perssor ally kn , who being b
me duly sworn, did depose and say that he resides at yp� �c_ / �ifclR�u�
that he knows said
to be the individual(s) described in, and who executed the foregoing instrument; that he, the
subscribin witness, was present an saw him execute the same; and that he, said
- C 1a tV , at the same time subscribed his name as
witness thereto.
................
PVBLICt 1-N
Notary Public,State of New Yuri
SS.: No.55-02r kW
STATE OF :fled in Tompkins County
COUNTY OF -'em Expires March 30, 197-7
•
On this day of , 19 .before me per-
(corporate
er-
ickC nokdg• sonatly came
menq
to me personally known who,being by me duly sworn did depose and say that he resides at
that he is the of
the corporation described in and which executed the above Instrument;that he knows the seal
of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said Corporation,and that,he signed his name
thereto by like order.
/ ..........
PitALIC �^�
A hu„ •py of th••rlylnutr•c•rd•d on th• {� day of
3 35 :cl•cfsflt*,and oxcunined.
���� Clerk