HomeMy WebLinkAbout023126-0011
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RETURN TO JAMES V. BUYOUCOS LiBtK 552 ry 289
THIS ORIGINAL IS TO BE FILED
EASEMENT
INTERMUNICIPAL WATER SYSTEM
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF .............Lansing.... .....................................
VILLAGE OF Lansing
Property Address:
Tax Parcel Number: 44-1-38, portion of
......._..................... .__ _.._ . 1975
THIS INDENTURE made as of the /-,/—_
.. day of ...........Max ...._.............XGM BETWEEN
The Estate of Fred E. Bush
refer ed to as the GRANTOR, and
the TOWN OF ITHACA, a municipal corporation in the County of Tompkins, New fork, 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 it water supply born Cayuga Lake for lands in said municipalities (sometimes referred to as the Bolton
Point Water Supply Project) , its or their successors and assigns,
N%'ITNI•:SSI:TIi: WHEREAS the said tnunicipalities 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 cerriin 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, 'E11FREFORE, 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-
ccipt whereof is hereby acknowledged, docs hereby grant and convey to said Town of Ithaca, as such Agent
AlunicipAity, its successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, main-
tain, rclruir and replace a water uansnlission pipe line and appurtenances or such other facilities as are herein
described on the laneh of the GRANTOR in accordance with official plans and spc(ifications filed originally
of the office of the Town Clerk of the Town of Ithaca:tXKXkbdXx6Axx40ncjkxxWjfDd„4k(KXpgXWAMX 909
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The easement hereby granted is over a strip of land 30 feet in
width more particularly shown and described on the ACQUISITION MAP
NO. 11 Water Tank Site and Access Easement Over Lands of Bush
Estate Property, dated October 16, 1974, made by Lozier Engineers
and T. G. Miller, a copy of which is attached hereto and made a part
hereof, and substantially described as follows: Being the strip of
land bounded on the north by the north line of the Lands of the Fred E.
Bush Estate, which north line is also the south line of lands of
Gordon E. Selden; on the south by a line 30 feet south from said
north line and parallel thereto; on the west by the east line of
North Triphammer Road; on the east by a line parallel to the east
line of North Triphammer Road and 375 feet more or less east therefrom
and which east line is also the west line of the "Proposed Tank Site”
as shown on the aforesaid map.
"' REAL ESTATE J` STAY CF
I le! r, 552 "k-- ,290
Together with a temporary easement during the period of original construction over to 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 release from any such lien (s) of the easement granted hereby;
The water main and appurtenances (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 desired) , and descri tion of additional facili-
ties are hereinafter set forth: That the GRANDEE is to maintain sai� permanent
easement,is to restore the surrounding area to level and remove all
debris when it ceases to use the temporary easement and is not to
interfere with natural drainage in the use of said permanent and
temporary easements.
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i iftr, 552 Fw� 292
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 )
ESTATE OF FRED E. BUSH
WITNESS: WITNESS: (sign below) : t
�.
by .i;C . T..S.
o ert 5: Bush
�i
........ ................... �ix4,'GLIi:.Qr _.._..... .._._..............__._ L.S. ;
— LS
L.S.
........... ..............._.. ........ L.S.
STATE OF New York ) SS.:
COUNTY OF Tomkins )
(individual On this day of March 19, 75 before me, the subscriber,
acknowlcdg- personally aPAeared
ment) t11
ROBERT S. BUSH
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.,
and that he is the executor of the Estate of Fred E. Bush.
ruins K. i ALI&A �
hulAR',. PURL!C., 61 Now Yah __....
se-u9•;lJOU NOTARY PUBLIC
nuag4td In f00srun+ tl:uatr
STATE OPT', F "!mo 80j 1_9.476 ) SS.: '
COUNTY OF )
(Individual On this day of 19, before me, the subscribes
ac nowledg personally appeared
�n 4
to me personally known and known to me to be the same person (s) described in and each 4 j m
whom executed the within instrument, and duly acknowledged to me that he executed the same.
............... .....................................
......._..............._..,...._ .......,..,...... .....
NOTARY PUBLIC
STATE OF ) SS.:
COUNTY OF )
(Acknowledg• On this day of 19, , before me, the subscriber,
ment by personallyappeared
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.
STATE OF
COUNTY OF
SS.:
......
NOTARY PUBLIC
(Corporate On this day of 19 , before me per-
acknowledg. sonally came
mens)
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
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