HomeMy WebLinkAbout064331-001LIBER 651 PACE 598 10198
WATER LINE EASEMENT AND RIGHT OF WAY
THIS INDENTURE, made the/ day of ►€ 444e 11989, between
JASON SLOTTJE of 126 Cambridge Place, Ithaca, New York 14850, the
"'Grantor"', and THE TOWN OF ITHACA, a New York Municipal
Corporation, having its principal office at 126 East Seneca
Street, Ithaca, New York 14850, the "'Grantee"'.
WITNESSETH that Grantor, in consideration of One and 00/100
Dollars ($1.00), and other good and valuable consideration paid
by the Grantee, receipt of which is hereby acknowledged, does
hereby grant and release unto the Grantee, its successors and
assigns, a permanent and perpetual right of way and easement to
lay, construct, operate, inspect, maintain, alter, repair,
remove, replace of change the size of a water main line or other
facility with all appurtenances necessary therefor as described
below, including the right to trim and/or remove trees, shrubs
and other obstructions in a parcel of land, situate in the Town
of Ithaca, County of Tompkins, State of New York, more
particularly bounded a described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
thaca, County of Tompkins, State of New York, as shown on the
"WINNER'S CIRCLE SUBDIVISION FINAL PLAT," dated February 7, 1989,
as amended March 2, 1989, March 9, 1989, and June 21, 1989, and
as so amended filed in the Tompkins County Clerk's Office
p,a concurrently with the recording of this easement, being more
's particularly bounded and described as follows:
t BEGINNING at an iron pipe set in the westerly line of Lot 6
j/of the Winner's Circle Subdivision, as shown on the subdivision
map above referred to, which pipe is located South 35' 02' East
�-�(all bearings magnetic 1988) a distance of 57.0 feet from a pipe
set in the southeasterly corner of the Winner's Circle cul-de-
Ci6
sac; thence South 60' 22' East a distance of 39.6 feet to a pipe;
thence South 80° 48' East a distance of 10.6 feet to a pipe set
in the northerly line of the Town of Ithaca walkway as shown on
said map; thence South 72' 44' West along the northerly line of
the said Town of Ithaca walkway, a distance of 13.2 feet to a
pipe set in the northerly line of Winner's Circle, a public
highway; thence on a curve to the right along the northerly and
westerly line of Winner's Circle, with a radius of 100 feet, a
chord bearing North 52° 03' West, a chord distance of 41.0 feet,
and an arc distance of 41.6 feet to the iron pipe set at the
point or place of beginning.
BEING a portion of the premises conveyed to the Grantor
herein by deed from Francis J. Paolangeli dated April 12, 1989,
recorded April 13, 1989 in the Tompkins County Clerk's Office in
Liber 645 of Deeds at Page 21.
The facilities to be constructed on the premises herein are
an eight inch (811) ductile water main located as shown on the
subdivision map referred to above, and appurtenances necessary or
proper for the maintenance and/or operation of same.
TOGETHER WITH the right of reasonable access over the
premises subject to this easement and remaining premises of the
Grantor for the purpose of laying, inspect, constructing,
operating, maintaining, altering, repairing, replacing or
changing the size of said water main line and appurtenances. Any
facilities and appurtenances constructed on said premises shall
remain the property of the Grantee and under its control and
supervision.
The Grantor covenants and agrees that no buildings or
structures shall be constructed within the aforesaid right=of-way
and permanent easement which will in any way interfere with
complete access by the Grantee, its successors, assigns,.
employees and/or agents to lay, inspect, operate, maintain,
alter, repair, remove, replace or change the size of said water
line.
•
•
•
•
•
LIBER 651 im.E r)9,()
Reserving to the Grantor: (1) the underlying fee title to
the property covered by said right of way and easement, subject
to the rights and privileges herein granted to the TOWN OF
ITHACA; (2) the right to the use and enjoyment of the said
premises provided that such use shall not interfere with or
impair the rights to access by the Grantee, its successors,
assigns, employees and/or agents and the right to lay, inspect,
operate, maintain, alter, repair, remove, replace or change the
size of said water line granted herein.
Whenever any work is done on the Grantor's premises pursuant
to the grant of rights contained herein, the Grantee, at no
expense to the owner of the premises, will remove all debris and
will restore the land to substantially the same condition it was
in before any such work was done. If any damage is caused to the
Grantor's property, the Grantor shall give notice within ten (10)
days, In writing, to the Grantee at the then current Town of
Ithaca offices.
To have and to hold the said easement and right of way unto
the Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the date first above written.
Grantor
TOWN OF ITHACA
By:
Noel Desch, Town Supervisor
STATE OF NEW YORK ) ss.:
COUNTY OF TOMPKINS) 1
On this G . day of septembes, 1989, before me 'personally
appeared JASON SLOTTJE, to me known 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.
ARUNE R. NICHOLAS
Notary Public, State of NewYork
No. n To iipkins
35
Qualified in Tornpkinr County � {� Notary Public
Commission Expires December 31,18.a/
STATE OF NEW YORK )
COUNTY OF TOMPKINS) as.:
_- _
On this /.` ''� day of Sep "`, 1989, before me personally
appeared Noel Desch, to me known and known to me to, and who did
depose and say that he resides at 132 Updyke Road, Ithaca, New
York, and that he is the Town Supervisor of the Town of Ithaca,
who executed the within instrument, and he acknowledged to me
that he executed the same, and that such execution was on behalf
of the Town of Ithaca, and that the Town Board of the Town of
Ithaca duly authorized such execution.
REAL ESTATE
DEC 15 1989
R-4 TRAN-317 R 7,;;(
ToopklC
Notpffy Public.
JEAN K SWARiWOOD
Notary Public, Stria of New Ywk
Quro�mmission In Ex* Ca Fok 28, MZ-
rd d on the n ...15W .. J..0 ot.. c....lY..i:.L..er
in Ubor ... K1 ... of .IIGY.+«1.............
Pape ................ mrd `�,`= .4- - � L' A - .".G' (fit-�r+