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LISER 635 DACE 825
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E A S E M E N T
TOWN OF ITHACA WATER IMPROVEMENT
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WATER MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 4 0 k �kA rUs C PA -TES D12. T MA -CA
Town of Ithaca Tax Parcel Number: 24 - 2 - Z.'Z
THIS INDENTURE ?7
made as of the day of CACC' e , 19 ,
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BETWEEN: 'ToM(-'X W3 C00ArTy
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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
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construction of facilities for the said Project which include
water distribution pipe lines 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 of or has an interest in {
real'property where the water distribution pipe line or lines and k.
appurtenances or other facilities must cross or encroach upon
private property for the above reasons, and
WHEREAS, said Municipality (Town of Ithaca) has informally
agreed to accept ownership and maintenance responsibility for
certain water mains at the Biggs Complex which form a loop around
the County Buildings and the Tompkins Community Hospital
Buildings, as shown on the attached map, not including building
service lines, as Town Water Improvement mains and does hereby
agree to execute an agreement with the GRANTOR (Tompkins County)
to that effect and does further agree to assume ownership and ry
maintenance of the Harris B. Dates Drive upon completion of joint
construction thereof;
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: A permanent
right-of-way to enter upon, construct, operate, maintain, repair
and replace a water distribution 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
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' L ` 635 Parr 826
EASEMENT -- Town of Ithaca Water Improvement
Ithaca; the width of
location of the center
center line of the pipe
of the right-of-way.
the right-of-way and the approximate
line are shown on the attached map; the
as actually laid shall be the center line
Together with a temporary easement during the period of
original construction over so 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 attached map.
The execution 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:
REAL ESTATE
MAY 9 1988
TRANSFER TAX
TCIMPKINS
COUNTY
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 co -eyed by said right-of-way, subject to the rights and
privileges herein granted to the GRANTEE, and (2) the 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
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.
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WITNESS: ««.C�...: ��...._.._...L
�r s.
..... « _. _.._.._._........ ....«....... .._.........«.«. ... ..I..S.
.. _._«......»... . «...... «_.L.S.
_._....«.« ...... «« «««. ..L.s.
STATE OF NEW YORK : SS.
COUNTY OF TOMPKINS:
On this . ....... day of .....«...«..» ......... .. ..» .., 19 , before me, the subscriber, personally
appeared
to me personally known and ka mm to me to be the same person (s) described in and who executed the
within instrument, and he 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
to me personally (mown and known to me to be the same persons) described in and who executed the
within instrument, and he 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
that he knows said
to be the individuals) described in, and who executed the foregoing instrument; that he, the subscribing
witness, was present and saw he execute the same, and that he, said
, at the same time subscribed name as witness thereto.
«.........«..«....�--•-�«•NOTARY .PUBLIC
STATE OF NElIG..eOXY...«....: SS
COUNTY OF T,Q�( RL<1N... .
On this «-? Y `" .«..«..»....... day of .OP1&n.S . ...«..... ««.........
...«.., I9A�, before me personally c�un0
a1 C„ caa, to me personally known who, bean by me duly sworn did depose
and that5he resides at /aPP,1, J/Jt A- , N4-4-#Y/c'A , thatrhe
is the 5&a.,J ad,8owrd o�/�ePres�u���.i/as,
the corporation described in and which executed the above Instrument; thaube knows the seal of said
corporation; that the ,eal affixed to said Instrument is such corporate seal; that it was so affixed by order
of the Board of Hof said , and that-+e signed hWname thereto by like order.
Representatives County
...4F `.....�L�a�` .Sa.....
NOfery !`...' ,a•.• rr New Yor I
No 4;,2�632 'OTARY PUBLIC
Qualified in Tompkins Con
TWO Euyirea March 30, 19
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