Loading...
HomeMy WebLinkAbout078913-001E 735 Pa,E 156 08251 F iN' L WATER MAIN EASEMENT TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Troy Poad Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: P/O Tax Parcel No. 45-2-14.2 known as Parcel D of the John E. & Amy W. Little Subdivision filed April 27th, 1994 THIS INDENTURE made Clerk of the 31st day of August , 19 94 BETWEEN: Julian & Virginia Hochberg 460 Riversive Drive Ncw York, New York 10027 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 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 SEP 2 8 1994 TRANSFERTAX r.1 TOMPKINS COUNTY Page 1 of 5 �J r� • • • 11eEd 735 Past 157 i 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. s The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such liens) of the easement granted hereby: With the following corrections, we grant the water main easement: As described w in our deed of 29 April 1994 (Liber 723, p. 41) the permanent easement is ten 10 LV feet wide and the temporary easement is five�(5 feet more on each side of the permanent easement, and is contingent on completion by the date in Spring 1995 set by the previous owner. Increased surface drainage toward Troy Road would be appreciated. uun Fl cA'SluiJ 3E Cikueu ,c -it,E iA0CH8Ert-, A t,-,EErC t ,-1oi= W TV S'-Af=T OF CV`uST12AJC IGA) i The water main and appurtenances (or any other facilities) constructed on said premises shall remain the property of and shall he under the control and supervision of the GRANTEE, but the GRANTOR ( 1 ) 1n•gnivns the utlderlytnI fee title to said property covered by said tight -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 t11e 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 t11e GRA14TEE 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 WHEREOF, this instrument has been duly executed by the GRANTOR(8) and/or the holders of this lien. Page 2 of 5 • ' Q I16E4 735 15.g 4 ' \rOWN Or /nUCA TAX PARCEX 43-2- 1 1 JOHN E. 4 AMY W L/TILE SVRO/N'S/ON \\1 1 PARCEL O Q 1 ` 1£NPOR� �E PE/r` WA/EWMA`�'LIN M% I EjE MpOR^ ; 5EMEN� /v IN \ EMAiN�f L ER �N ✓OHN C. & AMY W. LITTLE PE rw'! EAgEM '� suso/✓/s/oN � Rr PARCEL C . PR�r 7VWN OF /IiIAG TAX PARCEL \ � � F 1 ' JOHN S. d AMY W, L/TILE PARCEL B t I i PERMANENT AND TEMPORARY EASEMENTS FOR WATER MAIN THROUGH THE LANDS OF JOHN E. & AMY W. LITTLE SUBDIVISION PARCEL D TOWN OF ITHACA WATER SYSTEM TOMPKINS COUNTY , NEW YORK 1 CONST. DWG #-_-- EASEMENT MAP FILE DATE- # _- SCALE-f =-,QQ'--- 6 -paa4-3el:s • � 0 0 "SIR 735 PACE t59 7TF1,11 1Ni'ORMA'I'ION FROM PROPERTY OWNERS I, Iyuyc►lY_Vwncl (i'ull name. If more Than one person Ills ail htterest in file properly, stale his name. Also, %life nature of relalionship. Le., husband and wife, or tenants in common, parenl and child, etc.) Name, Address & 'Telephone Num cri Julian & Virginia B. Nochberg (607) 272-8987 or (212)222-9865 226 Troy Road 2, ��haca NY 14850 tolth�l�cation and Tax Parcel N nnt+gr P/0 Tax Parcel No. 45-2-14.2 Betweet. Troy Road and Ridgecrest Road 3. Indicate who has possession of any or all of the following (cross out whichever is not Applicable): Abstract of 'Title: I)Ccd: Julian & Virginia B. Hochberg Also, give following information as to recording in County Clerk's Office (usually found in front of Deed): hook L page 41 Dale of Rccordillg 4/29/94 @ 4:21 pm 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 bead, please fill In the following: Approximate date (give year if you can't remember month): 4/29/94 from whom purchased: John.E. and Amy W. Little 6. If you inherited property, please fill in the following: Approximate dale: From whom: Was there a Will? If there was no Will, was an administrator appointed? 'ilia above Information will be used by Municipal Officials for the purpose of preparing or verifying right of way agreements, crnnntunications with property owners, cic. Page 4 of 5 u tlsik- 735 Jasf 160 WITNESS: (sign below)s ............................................... _.». _ _ .. .,...»Ia. _tlz.c�klt �. _ ... ........ L 3. ...................... ..................... » ...._... »...._._»...._...14 ...........»........................................................................... L.S. _.._..»..»..»...... ........................ ........... ....... ... L.S. STATE OF NEW YORK : COUNTY OF TOMPKINS:' On this ....,3.1�" .... day of beforesubscriber...,�.1,1�i,Lld»�.t�� .. ._.„, 191before me, the subscriber. personally .ppeared jUI_Iflnl 14&C14PF'P-G' AMD VC61"IA �604P_,FfC7. Ari. me personally known and known to me to be the same persons) described In and who executed the within instrnmcnt, and he duly acknowledged to me that he executed the same. F.POOLE PUBLIC SI 7r_.-.....�/i 95 E.-01 NEW YORK 'NOTARY DLiC STATE OF ..................... .._. SS. COUNTY OF ....... _...... ............ s On this ........ ............... day of ...... .... ..... » _._.._..., 19 , before me, the subscriber, personslly appeared to me personally known and known to me to be the same person(:) described In and who executed the within Indnnnent, and he duly acknowledged to me that he executed the same. »............_....................................................................... NOTARY PUBLIC STATE OF COUNTY OF _ _ . _ _»_ _»a On this ..._. _....._.._.. _ . day of » _ , 19 , before me, the subscriber, personaDy appeared the subscribing witness to the foregoing Instrument, to me personally known, who, being by me duly swnm, did depose and say that he resides at thnt Ito knows said to he 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, sal , at the same time subscribed name as witness thereto. ..».____......... ............................................ .............. NOTARY PUBLIC STATE OF ._ I COUNTY OF . _ _ » t 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 wns so arfixed by order of the 11nnrd of Directors of said Corporation, and that he signed his name thereto by like order. Pape 5 of 5 NOTARY PUBLIC • • • 0