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Home My WebLink About042954-0011 PROPERTY LOCATION: PROPERTY ADDRESS: TAX PARCEL NUMBER: 5'764 LIM 59a PAGE 639 EASEMENT TOWN OF ITHACA WATER IMPROVEMENT COMMONLAND COMMUNITY PROJECT Tompkins County TOWN OF: Ithaca 1459 Slaterville Road, Ithaca, New York 58-1-33.2 THIS INDENTURE made as of the day of November, 1983, BETWEEN HOUSE CRAFT BUILDERS, INC., a New York corporation having its principal office at 167 Calkins Road, Ithaca, New York, and COMMONLAND COMMUNITY RESIDENTS' ASSOCIATION, INC., a Not -for -Profit corporation under the laws of the State of New York and having its office at 1459 Slaterville Road, Ithaca, New York, collectively hereinafter 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, its successors and assigns, WITNESSETH: WHEREAS the said municipality has authorized the construction of facilities for the said Project which include water transmission pipelines and appurtenances which by reason of the topography and grades in certain locations must depart from established highways in order to render proper water supply and distribution service to property owners in the said municipality, and WHEREAS the GRANTOR is the owner or has an interest in real property where the water transmission pipeline 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 receipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Municipality, its successors and assigns forever: permanent rights -of -way to enter upon, construct, operate, maintain, repair and replace water transmission pipeline 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 approximate location of the centerlines are shown on the map hereinafter referred to, the centerline of the pipe as actually laid shall be the centerline of the right-of-way. The width of the easement strip shall be ten (10) feet. The water lines for which this easement is obtained consist of three water lines shown on the COMMONLAND COMMUNITY DEVELOPMENT PLAN, FINAL PLAN, EAST SECTION, filed April 6, 1983 in the Office of the Tompkins County Clerk (Vault VIII). 1) one on Spring Hill cluster common area, running south from the water line in Penny Lane and then easterly to the fire hydrant, and 2) running south from the water to a fire hydrant located on and line in Penny Lane and then west Mare's Nest cluster common area, 3) running south from the water main in Penny Lane and then east to the fire hydrant, located on The Pines cluster common area. The exectuion of this Instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: Mortgage dated June 10, 1983, given by House Craft Builders, Inc. to Alternatives Federal Credit Union, recorded June 10, 1983 in the Office of the Tompkins County Clerk in Liber 451 of Mortgages at LIBER 598 PAGE IG40 Page 1158, as modified by a Spreading, Release and Modification Agreement dated August 17, 1983 between said House Craft Builders, Inc. and said Alternatives Federal Credit Union, which Spreading, Release and Modification Agreement was recorded August 17, 1983 in said Clerk's Office in Liber 455 of Mortgages at Page 393. The water main and appurtenances (or any other facilities) constructed on said premises shall remain the property of and shall be under the control and supervision of the grantee, 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 reserves 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 appurtenances. The GRANTEE will restrict its operation to the minimum feasible width for said right-of-way. Whenever 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 property or failure to restore the same properly. Such notice must be in writing and must be given promptly in order to enable the Town to notify the Town Engineer and the contractor, if any, who performed the work on the Project. Any action against the Town must be commenced within two years from the happening of the event upon which the GRANTOR's claim is based or within such shorter statutory period as may be applicable. This Instrument shall bind the parties hereto, their successors and assigns. IN WITNESS WHEWREOF, this Instrument has been duly executed by the GRANTORS, and the hodler of the above liens. 1A Ji &�p� , • „ _ �. Alternatives FederaloCredit Union By: William Myers, Manager STATE OF NEW YORK ) ) ss: COUNTY OF TOMPKINS ) W,1,4 -- /.V HouTiToraft Builders, Inc. By: Jerold Weisburd, President &CZ.41 Commonland Community Residents Association, Inc. By: Claudia Weisburd, President On this 151(%-- day of November, 1983, before me, the subscriber, personally appeared JEROLD WEISBURD, who being by me duly sworn did depose and say that he resides at 167 Calkins Road, Ithaca, New York; that he is the President of House Craft Bulders, Inc., the corporation described in and which executed the foregoing 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 a orde . Notary 0 ublic . EN J. WALSH Sete of New Yak pl,. •4TnvA5 ausrAW M•Tompkios Cow*Y Camnin EXpi10 March 30,19 1 ssa 1 TIMER 598 PAGE 641 STATE OF NEW YORK ) ) ss: COUNTY OF TOMPKINS ) On this JS'f— day of November, 1983, before me, the subscriber, personally appeared CLAUDIA WEISBURD, who being by me duly sworn did depose and say that she resides at 167 Calkins Road, Ithaca, New York; that she is the President of Commonland Community Residents' Association, Inc., the corporation described in and which executed the foregoing Instrument; that she 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 she signed her name thereto by like order. No ary ublic a J. WALSH j 4" ie, State of New York Pb. 4721245 QAMW in Tompkins County STATE OF NEW YORK ) Commission Expos M,,rch 30,192 ss: COUNTY OF TOMPKINS ) On this d day of November, 1983, before me, the subscriber, personally a ellaared WILLIAM MYERS, who being by me duly, sworn id depose and say that he resides at W_ &V.¢ �Qy d - -1 that he is the Manager of Alternatives a eral Cre it Union, the corporation described in and which executed the foregoing Instrument; that he knows the seal of aid corporation; that the seal affixed to said Instrument is such orpNoclrl te seal; that it was so affixed by order of the Board of Dir ctorcorporation; and that he signed his name thereto b� li e or X REAL ESTATE NOV 2 3 1g83 TRANSFER TAX TOMPKINS COUNTY Tompkins County, sst 7 2 o/,1d on the.. /...... `' .......7. �? ........ of ..... .. ... . o'clock + M1• in Liber . at Page.....,......... and W-e d. _ PA. ""A ft.,. dirk