HomeMy WebLinkAbout077310-001tgik 721 PACE 174
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WATER MAIN EA-qEMEN`r
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PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 442 Floral Avenue, Ithaca, New York 14850
City of Ithaca Tax Parcel Number: 99-1-1 •
THIS INDENTURE, made as of the 1st day of October, 1991
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BETWEEN: HOWARD A. TEETER ttEAl ESTATE
422 Floral Avenue
APR 1 199
Ithaca, New York, 14850 A
VW47ER TAX
referred to herein as GRANTOR + and TO COUNTY
the TOWN OF ITHACA, a New York municipal corporation, with offices at 126 East Seneca
Street, Ithaca, New York 14850, hereinafter called GRAXME, its attooessors and assigns, x
WITNESSETH:
WHEREAS, GRANTEE is about to lay, construct, operate, infect, maintain, alter, »'
repair, remove, grade, replace or change the size of a water distribution system (hereinafter the
'Project'); and
WHEREAS, b of
Y reason toPogmPl►Y and Bps in Main locations, the GRANTEE
must depart from established highways or other Town property in order to complete the work
necessary or reasonable to complete such Project; and
WHEREAS, the GRANTOR is the owner or has an interest in real property in the City
of Ithaca, which the GRANTEE must make use of or occupy for the purposes set forth herein,
in order to complete the contemplated Project; •
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 the general health, benefit and welfare of the community 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 t
GRANTEE, its successors and assigns forever: $
A permanent right of way and easement to enter upon, install, construct, operate,
maintain, repair, and replace a water distribution pipeline and related facilities or any other
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OF a
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us[t 721 Pact 17,5 .
'IT:EI'ER.EAS, wpSlith, 08/14/91 10:50am
TITLE INFORMATION FROM PROPERTY OWNERS
L ley Owner (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.)
Name, Address dk Telephone Number. 4oLog-tt 17 07. T-CL rErR
Y442 Flkoxgk� 6TUF A/cLe
xyffRCRNY Otis �o 2113-46(a0
2. EMOM Location and Tax Parcel Number
3. S4Cia1_Secinrity Number of Grantor(, 1
4. Indicate who has possession of any or all of the following (cross out whichever is not
applicable):
Abstract of Title: /�d 0D it<R b R , rV 1Z r 0 l�
Deed: t'�-o tW t%2 v R, a-9 ZT-4r R-
Also, give following information as to rtxording in County Clerk's Office (usually found in front
of Deed):
Book
Page,_
Date of Recording_,__
Survey, Map, Sketch:
3. Name and address of any person or institution holding a mortgage or mortgages on k
your property (including any lame equity mortgage) k
6. V you acquired the property by Deed. please fill in the following:
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t16ER ..72t M51 3.76
TEMNLEAS, wpSIM. W14/91 10:SMm
Approximate date (give year if you Can't raaetbw Mon&):
From whom purchased: i
7. If you inherited property, please fill in the following: 1
Approximate date:
From whom: 17EjC 2!G L. i✓ r=7R.
Was there a Will? YE S
If there was no Will, was an administrator appointed?
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The above information will be used by Municipal officials for the purpose of prepadmg
or verifying right of way agreements, communications with property owners, etc.
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ik 721 PAGA 177
*VsrrtvLy Awo
WEST KUAGE
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PERMANENT AND TEMPORARY EASEMENTS
FOR WATER MAIN
THROUGH THE LANDS OF
CITY OF ITHACA TAX PARCEL #98-1-1
TOWN OF ITHACA WATER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG EASEMENT MAP #—Aw_
*"*Arm mw*sc""
FILE c tw DATEL-
SE
CALV—1 1
6 of
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lltiR 721 PAGE 178
TMTER.EAS, wpSlith, W14/91 10:SOam
municipal facilities as GRANTEE in its discretion may deem swessary or MpmpdM an tine
lands of the GRANTOR in accordance with official plans and spedfications filed originally at
the Office of the Town Clerk of the Town of Itham
r
The width of the easement and the approximate location of the center, line are shown on
A map entitled *PERMANENT AND TEMPORARY EASEMENTS FOR WATER MAIN'
THROUGH THE LANDS OF CITY OF ITHACA TAX PARCEL #98-1.1, TOWN OF
ITHACA WATER SYSTEM, TOMPKINS COUNTY, NEW YORK, CONST. DWG #16 OF
23, EASEMENT MAP A'4W, FILE #1989 WATER INLET VALLEY WATER tit SEWER
IMPROVEMENTS, CONTRACT #2, DATE /0 ',a copy of which map is intended to be
filed concurrently herewith. The center line of the pipe as actually laid shall be the center line
of the easement.
Together with a temporary easement during the period of original construction over so
much of the GRANTOR'S property as may be necessary for men and vehicles while the said
water line and appurtenances (or any other facilities authorized herein) are being installed, which
temporary easement is also shown on the attached map.
The water line and appurtenances (and any other facilities) constructed on said premises
shall remain the property of and shall be under the control and supervision of the GRANTEE,
and during the course of the construction all equipment, materials, and other property belonging
to the GRANTEE, its agents or contractors, stored on or located on the easement area, shall
remain the property of and shall be under the control and supervision of the GRANTEE.
However, 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)
GRANTOR reserves the right to use and enjoy said premises provided that such use shall not
interfere with the rights granted to the GRANTEE hereunder. The GRANTEE will take
reasonable steps to restrict its operations to the minimum feasible area for said easement.
Whenever any work is done on GRANTOR'S premises, it is agreed that 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 insofar as such
restoration is reasonably possible. If any damage is caused to the GRANTOR'S property, or
if such property has not been properly restored by the GRANTEE, the GRANTOR shall give
prompt and due notice in writine to the GRANTEE at the Town of Ithaca rimrPc a# »R r-o
the nrouertv. Prompt notice is required so that the GRANTEE may notify and take action
against the GRANTOR, if any, who performed work on the Project. Any action against the
GRANTEE for a violation of GRANTEE'S responsibility hereunder must be commenced within
2 OF S
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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:
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:
To have and to hold the easement herein granted unto the GRANTEE, its successors and
assigns forever and the GRANTOR covenants as follows:
FIRST: That GRANTEE shall quietly enjoy the said premises.
SECOND: That GRANTOR will forever warrant the title to said premises.
THIRD: That, in compliance with Section 13 of the Lien Law, the GRANTOR will
receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the
improvement and will apply the sane first to the payment of the cost of the improvement before
using any part of the total of the same for any other purpose.
This instrument shall bind the parties hereto, their ditaributees, personal representatives,
successors and assigns.
IN WITNESS VMEREOF, this instrument has been duly executed by the GRANTOR(S)
and/or the holders of the lien referred to above.
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111tA 721 PAGE 180
TIMMLBAS, wp3lith, 08/14/91 M50am
WTPNM: (sip below):
Witness
Witness
Witness
Witness
(If applicable)
l
ranter
s.
Grantor
s.
Grantor
S.
Grantor
Lienholder S.
c,
Lienholder
S.
Lienholder
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TEETER.EAS, wpSlith, W14/91 10.50am
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.: �. Q
On this / 5 -r day of G�'jL , 1991, before me, the subscriber,
personally appeared HOWARD A. TEETER, 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
acknwwledged to me that he executed the tame.
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STATE OF )
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On this 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 sarft.