HomeMy WebLinkAbout023119-001I �.. JJr fe' t 268
EASEMENT
INTERMUNICIPAL WATER SYSTEM
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF _.1C.ITY_.OF).._..ITHIICA .---••
VILLAGE OF
Property Address:
Tax Parcel Number.
THIS INDENTURE made as of the __I 3 day of 19 75PETWEEN
The City Of Ithaca,
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 \Vater 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 w•hescof 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 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; IF P i i
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C This easement is shown on the attached Map No. 7,1
PIAL ESTATE ''''� STATE OF
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552 r �. , 269
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.
4.1 All trench excavation and backfilling shall be performed
in r accordance with the contract specifications.
5. Twelve hours prior to backfilling an excavation the
Grantee shall notify the City Water and Sower 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 doneby 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 -z.;1:::. -tee 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 cgnstruction 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.
552 ;.A, 27�
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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, 7 and S, 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.
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-1u,;ether with a temporary easement during the period of original construction over so Bauch of the owner's
properry as may be necessary for men and vehicles while tht said wester main and appurtenances (or any other
facilities speci[ically described below) are bein; installed, which temporary easement is also shown on the at.
tachcd map .(or on any other map herein referred to) .
The execution of this instrument by a party holding the following lien (s) ou the above premises shall con-
stitute a rcicaie from any sudrJien (s) of the easement granted hereby:
The wat:-r resin and ap purtenanres (or -any other facilities) corutnrcted on said premises shall remain the prop-
erty of and shall be under the control and suptrvision of the GRANTEE and Stich other municipalities as ni-ay be
ssociated in the Project, but the GF.AhTOR (1) reserves the underlying fee title to said property covered by .
said r oht-of-sway, subject to the rights and privileges herein granted to the GRAN1TEE, and (2) GRANTOR rem
serves the right to use and enjoy said premises provided that such us- shall not intcrftre with thr'eonstruction,
maintenance, operation or rcpair'of, or catue injury or damage to, the water main or. other facilities or appar-
tcnances The GRANTEE will restrict its operations to the minimum feasible width for said right of way. �Vhen-
ever any work is done on the GRANTOR'S premises, it is agreed that, without expense to tl a 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 GRAN -FEE or its agents of any damage to the prop-
erty or failure to res.ore the sone properly, or failure by the grantee or any of its
contractors, agents or employees to comply with any of the conditions
or provisions herein contained.
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The GRANTEE agreesto 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 term`s and provisions of this easement.
i?j.h 552 reg L `<,7�
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W ~ A Y
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.-., 552 274
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 GRANTORS)
(lodividual
adnowWlr
meat)
(individual
acknowledg-
ment)
(Acknowledir
roent by
subscribing
wit nus)
(Corporate
scknnwledg-
ment)
and/or the holders of this lien
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WITNESS: (sign below) :
01
IT LS. r.
100-
ATT -EST-:—
Clerk
OF 'A %rt is ) SS.;
4, j
STATE
COUNTY OF T--1 P" -I *+S )
r V
On this 3 v day of J u 't+ 1916
before me, the subscriber, .; ^ ,
personally appeared t) "'Q A'ft_0 , C�"'s �'V
to me personally known and known to me to be the same person (s)
instrument, and duly acknowledged to me
described in and each of
that he executed the same
whom executed the within
as the %) �� �Z- of the City of
thaca.
- NOT7 ARY PUBYIC
STATE OF ) SS.:
COUNTY OF
On this day of 19, ,
before me, the subscribers o
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
STATE OF SS.:
COUNTY OF
On this day of 19, , before me, the subscriber,
personally appeared
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
I
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.
NOTARY PUBLIC
STATE OF ) SS.:
COUNTY OF )
19 , before me per -
On this day of
sonally came
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 sea]; 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
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