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HomeMy WebLinkAbout067903-001• • s 107!; L�EB 660 a(E 391 E A S E M E N T TOWN OF ITHACA WATER IMPROVEMENT WATER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Vacant Lot Troy Road Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 44-14.54 THIS INDENTURE made as of the 30 day of 1joutMaeg ► 19 ,. BETWEEN: Ivar A. Nielsen 7 Wingate Rd. Lexington, MA 02173 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 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 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: 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 Ithaca; the width of the right-of-way* and the approximate location of the center line are shown on the attached map; the center line of the pipe as actually laid shall be the center line of the right-of-way. REAL ESTATE FEB 26 1991 M R TRANSFER TAX TOMPKINS COUNTY ! ___...._._.-_..-_,_.-_.- I "^�<#e:A.a4:MtJ±u.•.Mv �. . � ' 'iixsWli:fd:Sr' .-� �`�� uet 660 Psa:E 392 EASEMENT -- Town of Ithaca Water Improvement 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: 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) 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. Page 2 of 4 • • • • �J Lm 660 393 LP. i /•�I! t Q PERMANENT EASEMENT, =0' ❑ I� KEY Q TEMPORARY CONSTRUCTION EASEMENT. 51Y i 1 i T+OMM OF IIHACA 44-4-5.1 1411 44-1-4.54. 44-4--4.55 , t I ' PUMP STATION 1 1 1 ' TROY ROAD PERMANENT AND TEMPORARY EASEMENTS FOR WATER MAIN: THROUGH THE LANDS OF TAX PARCEL # 44 - JL 4.54 TOWN OF ITHACA WATER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG # P_= 4 EASEMENT MAP FILE,�. MATi11 t� ,_ DATE_ 13oz_ SCALE_LM50 _ r� a °rho AU Ro 8U e Tompk Ins Cc, Recorded on t ofpage ........ ..._............ _ .........._....__.._....»... ......_...LS. _ »_ __............ ............� . 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 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 ._ COUNTY OF On this ._ ._... day of ....»1 w1i .m r .., 19 , before me, the subscribes, personally appeared TUQ ! � I V t e- �J�ri �l / to me personally known and known to une to be the within instrument, and he duly acknowledged to me 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 individual(s) 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. SS. COUNTY OF .........._......._._. On this _......_....... day of ...... _....__......._ ., 19 , before me personally came 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 phe signed his name thereto by like order. ply, .Z'...... c;t -F- — -,�+a.x.-y•.•••• �9..1.�. JCK .. 4 ta.�.�... C� `Ul..s7.c..C.. ..._.w............. ........... ......... _....... ......__............... .. 9)..........�t �' exc u;u. . NOTARY PUBLIC �...v`• 41; Q clerk - 't • • •