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HomeMy WebLinkAbout073645-001Ali isl O0:130 WATER MAIN EASEMENT TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK f PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 102 West Buttermilk Falls Road Ithaca, New York 14850 } Town of Ithaca Tax Parcel Number: 31-2-11 ST THIS INDENTURE made as of the day of 19 9Z. , BETWEEN: John and Geraldine Powers 106 west Buttermilk Falls Road Ithaca, New York 14850 i referred to as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 126 East Seneca Street, Ithaca, New York, hereinafter called GRANTEE, its 1 successors and assigns, k 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. 1 of'5 0 S . 77.0.. REAL ESTATE JAN 14 1993 TRANSFER Tom( TOMPKINS COUNTY u.,Ek 692 in; 152 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. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: This instrument shall bind the parties hereto, their distributess, 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. WTR/EASE.MT/ENGCONTR Rev. mb 2 of 5 • • r� • • • 0 A 692 : Aa 153 73' X PARCEL -T r— 2— 1 1 4. 102 fob 00, 6U77E-M/Lf< FALLS RO. ,0 0, O � �y. PERMANENT AND TEMPORARY EASEMENTS FOR WATER THROUGH THE LANDS OF TAX PARCEL # 31 - 2 - 11 TOWN OF .ITHACA WATER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG #-- 3 _ EASEMENT MAP #_ 1__ FILE DATE #. E _ SCALE- �-_TQ'__-- 3 of S WEk 692 gut 04 TITLE INFORMATION FROM PROPERTY OWNERS 1 • 'r pStty_0w_nel(Full name. If more than one person has an interest in the property. state his name. Also, state nature of relationship, i.e., husband and wife, or tenants in common, Parent and child, etc.) 7ow.J , Cs� Rw�l)�u! �OWEjtS Name, Address & Telephone Number: I04 twesr 'ttvrrRRMjt.K t"n«s R....o X-4CA,OV.Y, /4.6st0 'PM: 272--t-t9 s 257.4t$-o 2. !'_L41VQ11y__I.(!Sntjm aLclTax 1'a cl Nun bg Id? WC%T- TvrTER►ULK rA«3 Rnwo TAX /�Sso TrmAeA N.�, "Aracae *I 3 1- 2 -// . 3. Indicate who has possession of any or all of the following (cross out whichever is not applicable): Abstract of Titles Deed: Also, give following information as to recording in County Clerk's Office (usually found in front of Deed): (look T97 Page 4 6 4- Date of Recording Survey, Map, Sketch: 4. Name and address of any person or institution holding a mortgage or mortgages on your property: 5. If you acquired the property by Deed, please fill in the following: Approximate date (give year if you can't remember month): From whom purchased: 6. If you inherited property, please fill in the following: Approximate date: From whom: Was there a Will? If there was no Will, was an administrator appointed? The above information will be used by Municipal Officials for the purpose of preparing or verifying right of way agreements, communications with property owners, etc. I f j 4 of 5 r� • is 0 N 1� G< C� WITNESS: (sign below): !,5:1t 692 rAa ..!.............................. _ ........................... L.S. � ............... _.............. _.................................... _................. L.S. ................................................... _.............. _.._.......... .... L.S. ........................................................................... _........... L.S. STATE OF NEW YORK : COUNTY OF TOMPKINS: SS. On this 31A* ....... day of ....... 4....................... 19 V before me, the subscriber, personally appeared Te6n D. paweis to me personally known and known to me to be the same person(s) described in and who executed the within instrument, and he duly acknowledged to me that Ito executed the same. .,:......... NOTARY PUBLIC JOAN LENT HAMILTON Notary P„bbc State of New York STATE OF ................................: �aoM Mas9aooi 3�T /T` COUNTY OF ............................: SS. On tills ........................ day of ................................................... 19 , before me, the subscriber, personally appeared to me personally known and known 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. / Tompkns County, sat, Recor ad on that.............................rDay .......................................................................................... of... .1.3t... NOTARY PUBLIC o'clock . M., m Lib ..., of �.. G,......... STATE OF ....... ..... .t..........: COUNTY 13 fir. ..-A a .... . ." appeared Gerk On tills ................................ day of ...................:::' ................. 19 , before me, the subscriber, personally the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly sworn, did depose and say that Ito 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 STATEOF ................................: SS. COUNTY OF .............. _............ : On this ................................ day of ............... _.......................................... 19 , before me personally came to me personally known who, being by me duly sworn did depose j and say that Iro resides at is the ,that he 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 tile Board of Directorx of said Corporation, and that he signed his nnme thereto by like order. 5 of 5 NOTARY PUBLIC �J