HomeMy WebLinkAbout047103-001r
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do 608 PALE 08
233'7
TO F&-R Tr E M OUrFALL PIPE FACILITIES
MPERTY I=TTCN: City of Ithaca, Tompkins County, New York
PROPERTY ADDRESS: 101 Pier Road, Ithaca, New York
TAX PARCEL NLMER;
A portion of Tax Parcel #17-1-1.2
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THIS INDaMME made as of the 1st day of Apri 1985,
BETWEEN Pierce and Cleveland, Inc., a New York bu$uiess m ation
having its principal office for the conduct of its business at 101 ier Road,
Ithacan New York, hereinafter referred to as the GRANTOR, and
THE CITY OF ITHACA, a municipal corporation in. the County of TaTkinsy
New York, at 108 East Green Street, Ithaca, New York, herein also referred to
as GRANTEE, as the Agent Municipality, acting in behalf of itself, the TOWN
OF ',THACA and the T M OF DRYDEN, all as tenants in ccnmon, all or such as are j
jointly associated in the Project to construct a sewer treatment plant (sore -
times referred to as the Ithaca Area Wastewater Treatment Plant), its or their
successors and assigns,
WITNESSEPH:
1. -Whereas, the GRANTOR and GRANTEE entered into an agreement
FASFiOW FOR =ALL PIPE FACILITIES, on the 27th day of May, 1983, as sub-
sequently filed at the Tmpkins County Clerk's Office in ?giber 595, page 509,
on the 14th day of July, 1983, and
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2. WHEREAS, the progress of work by Congel-Palenscar, Inc. under
contract with the City of Ithaca for Construction of Outfail to Lake,
C-36-1095-03, Contract No. 1, dated November 28, 1984, has been sufficiently
delayed to make Work after April 1, 1985 necessary,
3. NOW, T#ER�FORE, said GRANTOR in consideration of the benefits to
accrue to said GRANTOR as outlined in SCHEDULE A herein, a separate agreement
for coapensation between Congel-Pslenscar, Inc. and Pierce and Cleveland, Inc.,
with the GRANTEE insuring performance through its existing contract with Congel-%
Palensca�, Inc. as above referenced, does hereby grant and convey to the GRANTEE:,
its successors and assigns forever: Amendment to the above mentioned agreement
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OBB 608 PAGE 599
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of May 1, 1983 to extend the period of work for 1985 beyond the deadline of
April 1 to allow the ccapletion of work in 1985 by Congel-Palenscar, Inc.
4. Amendment to correct SCHEDULE A: DESCRIPTIM OF PERMADTFK EASE-
MENr, paragraph 5, in the May 1983 agreement to read "Thence north 11 degrees
12 minutes west 14 feet more or less to a southerly line of lands of the City
of Ithaca.t'
GIBER 608 PACE 600
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SCHEDULE A
PROPERTY IDCATION s City.of Ithaca, Taq*ins County, Ne� Yo k
PROPERTY ADDRESS: 101 Pier Road, Ithaca, New York
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TAX PARCE[, NLMER: A portion of Tax Parcel #17-1-1.2
THIS INDENTURE made as of the day of April, 1985,
BEIWEEN Pierce and Cleveland, Inc., a New York business corporation
having its Principal office for the conduct of its business at 101 Piet Road,
Ithaca, New York, hereinafter referred to as the GRANTOR, and
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CONGIIrPALENSCAR, INC., a New York business corporation having its
Principal office for the conduct of its business at 4615 Crossroads Park Drive,
Liverpool, New York 13088, hereinafter referred to as the GRANTEE,
WITNESSETH:
1. WHEREAS, the GRANTEE requires access on the GRANTOR'S land to
complete contractual ccamitments withthe City of Ithaca under Contract No. 1,
Project C-36-1095-03, for Construction of Outfall to Lake beyond the April 1
deadline agreed to in an easement between the GRANTOR and the CITY OF ITHACA
in May, 1983,
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2. NOW, THEREFORE, said GRANTOR does hereby grant and convey a
temporary easement to complete the work in 1985 beyond the April lst deadline
for the following compensation and according to the acccmpanying terms:
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without charge,
a. Access to the GRANTOR'S lands will be unrestricted';thrcugh I
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April 7, 1985 for pipe installation and related contract
obligations.
b. Access to the GRANTOR'S lands will be unrestricted between
I; April 8, 1985 and April 12, 1985 with payment of a $1,000.60
per day ccnpensaticn to the GRANTOR by the GRANTEE.
c. Access to the GRANTOR'S lands will be unrestricted after April
12, 1985 with payment of a -$3-,000- DO _per _day compensation to
!i the GRANTOR by the GRANTEE.
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LIBER 608 PACE 601
without charge,
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d. Access to the GRANTOR'S lands will be unrestricted,"but at
the GRANTOR'S convenience after April 1 to allow the GRANTEE
to completely restore the Cascadilla retaining wall, drive-
way slab, north pipe connection, paving areas, and other items
of final clean-up.
e. Before work camiences in Cascadilla Creek, temporary docks
will be constructed by theGRANTEE to compensate for the
corresponding number of permanent docks rendered unusable by
the position of the barge and hazard of the operation in Casca-
dilla Creek. The exact number may be in the range of four (4)
to six (6) docks. The GRANTEE would extend electric and
potable water services to the temporary docks. The GRANTEE
would compensate the GRANTOR for one-half of the seasonal
rental rate for the permanent docks so affected.
f. The GRANTEE would have Michael Palenscar meet with the affected
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dock renters to explain the reason for their inconvenience.
g. The GRANTEE through signature of this agreement acknowledges
the City of Ithaca's right through its agreement, Contract No. 1,
Project No. C-36-1095-03, to withhold from the GRANTEE any
sums due the GRP1MR by virtue of non-performance of this agree-
ment, or failure to make any payments due to the GRANTOR pur-
suant to paragraphs 2b, 2c and 2e,,
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608 eacE 602
This instrument shall bind the parties hereto, their disuibutees. personal rCpreseutativet, successors and
assigns.
IN WITNESS 1VIjPRf_OF. this instrument has been dust' exccutcd by the GRANTORS)
and/or the holders of this lien
WITNESS: (sign below)
WITNESS: (sign below)
11-i- i" D
3 2135
TRAMIS77R TAX
TCN.PKINS
�\ PIERCE AND ,
L.S.
by: Thanas H. Cleveland,
President
P SCAR, INC.
is.
by: Michael Palenscar,
President
�� �
STATE OF ) SS.: -
COUNTY OF —F,-9V15 )
fCe,hoptt!
,ckn;wlnit.
On this day of Ckjzt�o 19W, before me Isgr-
sonally came 7N>T)ce0
meat
-
, 1 /7 LJ—
to me personally known who, being h me duly sworn did depose and say that Ise resides at
P41( Gi N
that lie is ilia --� of
t.,.) iaLt'-- Ptj�tcc A17C .
the corporation described in and which exec tted the above Instrument; 11124 he knows the seal
of said cooporadon: that the seal affixed to sa d Insinun:nt is such corporate seal; that it was
so affixed by order of the Board of Directors of said poradon, and that he signed is name
thereto by like order.
MMLEA AME LEONARDI
`Y�.A
NOMY PJAK Stateof New t
NOTAK 1 UIII.IC
Na 17110�
duttd In TonV ner County
TWM March 30.194,
STATE OFt% l�n �� ) SS.:
COUNTY OF
On this c;29LA' day of //�2L t� L'�-- 19'dS , before me per-
(Cortwrate
acknowledg-
toenp
sonally came ppt t --llS� � 2
to me personally known who, being by me duly sworn did depose and say that he resides at
that he is the "5 7� i of LI'G �I�CC: C - /�/9(17115�/ . / a/ L
the corporation described in and which gxecuted ilia 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 ilia Boatel of Directors of said Corporation, and that he sighed his nan►e
thereto by like order. \`
NO1'AftY PUBLIC
MARIANNE KESER
Kota' ►ubifo In the State of Nan Yxk
V
Qualified In On^n. Co.. No. 463^ 41
My Commission expires Vero °0 .19%
is
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�igER 08 PACE 603
I his instrument shall hind the parties hereto, their (lisuibutees, personal representatives. successors and
assigns.
IN WITNESS 1VIIEREOF, this instrument has been duly executed by the GRANTOR(S)
and/or the holders of this lien
WITNESS: (sign below):
PIERCES AND CL , I
By: THCMAS H. CILVELAND, as
President ................ ............... .
CITY ITHACA._,.....
By
V.._ ............ _..............
STATE OF ) SS.:
COON 1'Y OF
(Individual fin this /4, clay of <- / 19. S^ before file, the subscriber,
atknowledg" tsonall appeared
menq 1'c Y • I I M��
to file lx rsrntally km t1 and known ro coo to Ire thr santc Ix rsrnt (s) drscrilx d in :unl cat h of
whom executed the within iusttutrient, and duly acknowledged to file that he executed the same.
NoteRDARA C. RUANE
Public, State of NAw Yak w
No 4524437_. ....._....
Qualified in Tompkins County NOTARY PUBLI
Commission expires March 30, 19 86
STATE OF ) SS.:
COUNTY OF )
(lndividwl On this day of 19, before me, the subscriber.
acknowledg' personally reared
rnent) P Y appeared
to rile 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 Ile executed the same.
(Acknowledg.
ment by
fu hs(t i bi fig
witness)
CA �
oa
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:4z
Q;orp'uiite
alhnowlirdg.
tn'ent) a
rs �
u
V o �O ;
f1
................. _......_ ....................... __........
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
that he knows said
to he 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.
, at the same time subscribed his name as
.................. ... ......_....1..._......._..... ... .................... .............
_
NOTARY PUBLIC
S TATF of �t� �fvl,•iC > SS.:
COUNTY OF
t
On this I day of �19 0) before me per-
sonally came 7j�(,���(,(„� %�. �uQ C GUiG
to me personalll kpown who. IX*Vf by me duly sworn did depose and say that he resides at
T't't C !�-
that he is the OAI. c uof
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 Cor ration, and that0hosigned his ?fie
theretai by like order.
MARLEA AM LEOW00 �4d
York... .................. _..
N0.4817110 NOTARY UBLIC
li]tgllf m Ib TOnlpkNn County
Tirnt dgY�M M�ah �Oir t� ,
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