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I_ifLl 552 rA, t ;�f;J.
EASEMENT
INTERMUNICIPAL WATER SYSTEM
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF
VILLAGE OF ----
Property Address:
Tax Parcel Number
THIS INDENTURE made as of the _._0 day of 19 75$ETWEEN
The City of Ithaca,
rcfened 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 hfunicipality, 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,
WITNFSSE'Tli: 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, ro-
ccipt whereof is hereby acknowledged, does hereby grant and cons•cy .to said Town of Ithaca, as such Agent
Municipality, its successors and assigns forever: A permanent rightof-sway 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 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 arc shown on the attached map; the center line of the pipe as actually laid shall be the
center line of the right-of-way.
This easement is shown on the attached Map No. J b
REAL ESTATE s�`t'�'e STATE OF
Ti'fit'WER TAXi�'1J
E �C-
i 552 a 262
ADDITIONAL EASEMENT 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 by
the City, but the cost of such repair or replacement shall be
charged to and paid by the Grantee.
8. 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 Board 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, parking 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.
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552. rA : 263
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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 be 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, i and 8, 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.
Together with a tetoporzry easement during tilt period of original construction over w much of the owntes
property as may 1,t necessary for men and vehicles wltile lite said water main and appurtenances (or any other
facilities specifically described are
herspind/relich temporary f referred to)
eastment is also shohYt on the as
tachcd map .(or on any other map
nt by a party holding the fnllotvina lien (t) on tlue above premises shall con-
Tht execution of this instruute(s) of the easement granted It:rcby:
stitute a relca.e from any suds.lien -
remises
l remain the
Th: watcT mun and appurteprop-
tinder the controlances (and suptnision of the GRANTEE and suor any other facilities) constructed on �h other municipalities as nr�y be
erry of and shall be
associated in the Project. but the GF.AN"TOF. (1) reserves the underlying ice title to Said. (property NTOR. vered by
said r oht-of-�vay, subject to the rights and privileges herein granted to The GRAN TEL ( )
renes the right to use and enjoy said premises provided that Stich use shall not interfere with the' const ruction,
ge to, the water
3in or
Or appar-
snzintenancSe°GRANTEE vvll restrict itsalrof, or toperationise injury sto hemi imum feasiblervidth [o other
d riaht'o[vay. �Vhen-
tcnances. 11
ever any work is done emtses G A reOstored premises,
it is 3, the starve condition tleys� a ee to tin behe fore such er. all ''Work
will be removed, th p
Was crone; the GRANTOR shall give prompt notice to the GRANTEE °grantee°or yany ,Oftoits
tile J�rop
city or failure to restore the same properly, or failure by
contractors, agents or employees to comply with any of the conditions
or provisions herein contained.
-- e
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 iseasementwhich the City -
understood that this provision shall not apply any work
of Ithaca, its contractors, employees and agents are authorized to perform
under the terms and provisions of this easement.
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552 rA, , 267
This instrument shall bind the parties hereto, their distributees, personal representatives, successors and
assigns.
(todividual
acknowledg-
ment)
(individual
acknowledg-
ment)
(Acknowledg-
ment by
subsmbing
witness)
(Corporate
acknnwledg-
ment)
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS)
and/or the holders of this lien
WITNESS: (sign below) :
_._ ....:.__. . ........._CITY.. OF._. -- -- LS.
OIT ITHACA_
By
as S.
ATTEST-:.__
' lerk
STATE OF 1 -r --'J %d}'e •,... SS.:
COUNTY OF ro¢, PK/A)5
J:
. y
On this S O day of J N 19%6 , before me, the subscriber=
personally appeared
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 N'y'�2 of the City of, jthaca.
---� NNOTARlE'PUBLIC
STATE OF ) SS.:
COUNTY OF )
On this day of 19, , before me, the subscriber,
personally appeared
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 A•
ct' 9
STATE OF SS.:
COUNTY OF
19, , before me, the subscriber.
On this day of
personally appeared
A
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
witness thereto.
STATE OF
COUNTY OF
On this day of
sonally came
SS.:
)
at the same time subscribed his name as
NOTARY PUBLIC
19 , before me per -
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
to affixed by order of the Board of Directors of said Corporation, and that he signed his name
thereto by like order.
NOTARY PUBLIC