HomeMy WebLinkAbout078902-001116u 735 PAsE 108 FINAL
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WATER MAIN EASEMENT
TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 118 West King Road
Ithaca, New York 14850 LSEP
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AL [STATE E 2 81924 0
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Town of Ithaca Tax Parcel Number: 39-1-15 UNt;
THIS INDENTURE made as of the Thday of 0.2P-," , 1994.
BETWEEN: Evan N. Monkemeyer
123 King Road East
Ithaca, New York 14850
referred to as the GRANTOR, and:
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the TOWN OF ITHACA, a municipal corporation with offices at 126 East
Seneca street, Ithaca, New York, hereinafter called 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
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lands of the GRANTOR in accordance with "Map of Surveys, Lands of
Evan N. Monkemeyer Town of Ithaca, Tompkins County, New York by
Robert S. Russler, Jr., L.S. , Dated Svc- 2Vp71-/74- 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.
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:
0 F 3
- ima 7,35 Pni .109
EASEMENT -- Town of Ithaca Water Improvement
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
distributess, personal representatives, successors and assigns.
IN WITNESS WHER!(OT, this instrument has been duly executed by the
GRANTOR(S) and/or the holders of this lien.
WTRS/ENGCONTR
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S PA,E 110
WITNESS: (sign below):
........................................ _ !: !� �.»...» _ _. 1. S.
j............................... ».................
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STATE OF NEW YORK s
COUNTY OF TOMPKINSt SS'
On this
........................ day of ._.... 19 , before me, the subscriber, personally
appeared
to me personally known and brown to me to be the some person(:) described In and who executed the
Gp within Instn:ment, and he duly acknowledged to me that he executed the same.
»..».._.._..»........................... C ...»..»..»....._..» .»...» •
NOTARY PUBLI
STATE OF ...Ner..�i£l....».», SS.
COUNTY OF
On this .......Ls:.th».» day of ......St;��r^»3�s1 »....�»..»., 19ySY, haters me, the subscriber, personally
appeared f.."'% N. Mc�K.neye,�
go to me personally known and.Imown to me to be the same person(s) described In and who executed .the
within Imin:ment, and he duly acknowledged to me that he executed the same.
JOAN LENTNotary�-Uhhc
AMiI(UI�NeN.
Staten New York
kM94047 NOTARY PUBLIC »
STATE OF ......»..._.....»..._.._.s SS.
COUNTY OF ............... ..........
On this ...»......».._..»..»..» » day of,before me, the subscriber, personally
appeared
x the mbgerlhfng witness to the foregoing hutrument. to me personally known, who, being by me duly
sworn, did depose and say that he resides at •
that ha knows said
o to be the fndlvidual(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.
.h _ NOTARY PUBLIC
l STATE OF ...» SS.
COUNTY OF
On this »» _ a � - day of .»..»», 19 , before me personally came
$ D to me personally known who, being by me duly sworn did depose
and say that he resides at , that he
b the of
8 o the corporation described in and which executed the above imtrument; that he knows the seal of said
Xp: oI eorpomfInn; that the seal affixed to said Instrument Is such corporate seal; that it was so affixed by order
•� .0�t v of the llnnrd of Directors of sold Corporation, and that he signed his name therein by like order.
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t�aw� 3 or 3 NOTARY PUBLIC
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