HomeMy WebLinkAbout023116-0011
0
a
1
iJ
EASEMENT
INTERMUNICIPAL NYATER SYSTEM
552 w.- 249
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ._.jC1T.Y._.QF)__..1TIi,NCA
VILLAGE OF
Property Addxess:
icx Parcel Number:
TI41S INDENTURE made as of the i_3 -.. day of Q4M:PD_K _ 19 75PET VELN
The City of Ithaca,
referred to as the GRANTOR, and
the TOWN OF ITHAC.A, a municipal corporation in the County of Tompkins, Nety 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 1kights :md other municipalities, all or such as will be jointly associated in the Project to
obtain a water supply front Cayuga Lake for lands in said municipalities (sometimes referred to as thl Bolton
Point Abater Supply Project), its or their successors and assigns,
'WITNI'MET11: WHEREAS the said municipalities have jointly ag-teed to construct facilities for the said
Plojett which include water tr:ulsntission pipe lines and appurteiwnces Which by reason of topography and gr.,ues
in certain locations must depart from established 1,i-hways in order to render proper water supply and distri!�•u•
tion service to property owners in the said municipalities, and WI ER -LAS 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 truss or cncioach upon private property for die above reasons,
N0141, Ti3Ela:FOl2E, said GRANTOR in consideration of the benefits to accrue both community
and to said GRANTOR as a result of stabilization of property values and protection of health and etheruvs>
:uid in further consideration of the covenants herein contained and other good and sufficient tvnsidezation, rc-
teipt whereof is hereby acknowledged, does hereby grant and convey .to said 'Town of Ithaca, as suer A�,cnt
Municipality, its Successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, main-
twin, repiir and replace a water transmission pipe •line:and appurtenances or such other facilities as are herein
described on the lands of the GRANTOR in arcordanee with official plans and spxcifications filed originally
at the office of the Town Clerk of the Town of Ithaca; the width of the rightof•rsay'atitl'tht• approximate lora•
tion of the center line are shown on the attached map; the center line of 0W pipe as actually laid shall be the
center line of the right-of•vsay,
This easometlt is shown on the attached Map No.
`t REAL ESTATE STATE OF
R
EJ.
t 552 vh F 2501
ADDITIONAL BASEMENT PROVISIONS
1. Construction shall be as delineated on the contract drawings,
in the contract specifications and on the attached easement
map.
2. The Grantee agrees to repair any damage caused by the
Grantee, its agents, contractors, or employees, by reason of
the work done under this easement and to save the City harmless
from all such damages and costs accruing to the City because
of such work, and to keep all obstructions and excavations upon
City property fully and properly guarded, lighted (where
required), and protected at all times, and to maintain through
traffic at all times (where required), and to maintain all
such work in a safe and proper condition for the contract
guarantee period. All corrective and repair work shall be
performed by the Grantee except in those cases where this
instrument provides that such work shall be done by the City.
3. All work shall be performed in a manner that will minimize
inconvenience to private property owners.
4. All trench excavation and backfilling shall be performed
in accordance with the contract specifications.
5.' Twelve hours prior to backfilling an excavation the
Grantee shall notify the City Water and Sewer Superintendent
(telephone 272-1713) in order to permit inspection.
6. The work of final repair or replacement of a street surface,
pavement, or curb which may be damaged or removed under this
easement shall be done by the City, but the cost
of such repair or replacement shall be charged to and paid
by the Grantee.
7. The work of repair or replacement of water lines or service
connections and sewer lines or laterals which may be damaged
or removed under this easement shall be done :u by
the City, but the cost of such repair or replacement shall be
charged to and paid by the Grantee.
B. If the proposed work involves the construction of a
driveway, parking.lot, or sidewalk, the Grantee further agrees
that the same shall be constructed in all respects in
conformity with the requirements of the Doard of Public Works
relating thereto and shall be maintained at all times in a
safe condition for the contract guarantee period. In the
event that construction shall not fully conform with such
requirements, -said driveway, par)cing lot, or sidewalk shall be
reconstructed in conformity therewith at the expense of the
Grantee and, upon its default may be reconstructed by the
City at the expense of the Grantee.
9. The transmission line alignment shall be adjusted where
possible to preserve trees.
1
�1
0
1
•
1
552 � . 25 i
-2-
10. Where erosion control is accomplished by pipe anchors,
construction shall be as detailed on Lozier Engineers, Inc.
drawing no. file 18723.
11. Where erosion protection berms are installed, construction
shall he as detailed on the easement map. Location of berms
and materials of construction shall.be directed by the
Engineer and approved by the City.
12. Where multi -flora rose is called for on the easement map,
the locations, type, and method of planting shall be as directed
by the Engineer and approved by the City.
13. If, at any future time, it is necessary to enter either
the pipe line easement area or access easement area for any
purpose, the foregoing agreed terms for the original
installation shall apply.
14. The City shall notify the Grantee promptly in writing
of any work requiring repair or replacement pursuant to the
provisions -of paragraphs 6, 7 and B, above. The City shall
give promptly to the Grantee a written statement setting forth
the work required to be done and the estimated cost thereof.
However, in the case of emergency or under circumstances
where such work must be done before any such statement can be
given, then such statement shall be given as soon as
practicable. When the work has been completed a verified
statement of the work and the cost thereof shall be promptly
submitted to the Grantee.
. Tugetlter with a tetapormy voctntrnt during the period of original construction over ser much of the owner's
property as may be necessary for men and vehicles while the said slater snain and appurtenances (or any other
Ircilities specifically described below) are being installed. which temporary cerement is also shown on the at-
tachcd map .(or on any other map herein referred to) .
The execution of this instrument by a pity holding the fnllowing lien (i) ort the above premises shall con.
stitute a rclea�e from any such.lien (s) of the easement granted hcrcby;
552.2,52
Th: water main and appurtenances (or any other racilities) constructed on said premises shall remain the prop-
erty or and shall be tinder the control and supervision of the GRANTEE and such other municipalities as ra-ay he
associated in the Project, but the GR."ITOR (1) reserves the underlying fee title to said- property covered by .
said right -or -way, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOTL.re.
sen•es the right to use and enjoy said premises prodded that such use. shall not interfere with the construction,
maintenance, operation or repair -of, or cause injtuy or darnagge to, the water main or other facilities or appur-
tenances The GRANTEE will restrict its operations to the minimum feasible width for said right or way. When-
ever any work is done on the GRANTOR'S premises, it is areed 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
U. c one; the GRANTOR shall 64ve prompt notice to the GRANTEE or its agents or any datn�o to the prop-
erty or failure to restore the sane propuly, or failure by the grantee or any of its
contractors, agents or employees to comply with any of the conditions
or provisions -herein. contained.
The GRANTEE agrees.to save and hold harmless the GRANTOR from
any and all claims, damages or liability which the GRANTOR may incur
because of any damage or -,injury to persons or property caused by any
negligent act or negligent failure to act of the GRANTEE, its contractors,
agents and employees in performing any work under this easement...It is,
understood that this provision shall not apply to any work which the City .
of Ithaca, its contractors, employees and agents are authorized to perform
under the terms and provisions of this easement. .
1
0
1
1
1
1
0
1
552; re, � 254
This instrument shall bind the parties hereto, their distributees, personal representatives, successors and
assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S)
and/or the holders•of this lien
WITNESS: (sign below).;•,,,. ,
I_ .it,�fY... OF_ITHACA
.—_._.......�...._._. cf�
as
r
• L.S.
ATTE.SM:.-
U�, ••,..... t}r--Clerk L
STATE OF AJC--ypte is SS.: 0,:
COUNTY OF ToNS
(Individual On this 30 day of 3.> ^j t` 19,7(a before me, the subscriber,
nt) ledg-
wepersonally appeared E o u_rA,( _t� J Ctusu t_ G y
went)
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
as the M A-Y&(z of the City of Jthaca.
L ------ - --- NOTARY PtltUC
STA•l�'1�Ir...;., au, lv�e � SS.: V�
COUNTY OF
(individual On this day of 19, , before me, the subscriber. :
acknowledg- personally appeared
ment)
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.
(j
Lam- V
NOTARY PUBLIC 1h
0
STATE OF SS.:
COUNTY OF
(Acknowledg- On this day of 19, , before me, the subscribett-
ment by personally appeared
subscribing
witness)
the subscribing witness to the foregoing instrument, to me personally known, who being by
me duly sworn, did depose and say that he resides at
that he knows said
to be the individual (s) . described in, and who executed the foregoing instrument; that he, 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.
_.____._ A•OTARY PUBLIC ��—
STATE OF ) SS.:
COUNTY OF )
fCorpoiate On this day of . 19 , before me per-
.knnwiedg• sonally 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.
NOTARY PUBLIC
NT
?f fit ITC 3, I! 11'IRr1
i •��u Y,�rl:
(_i.i.!,:i.l� �� i.,� �•. �„unit.
•menu l.spiic, 11ar.lr su, I')
1
0
L�
1