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HomeMy WebLinkAbout081436-001• • • 0489A E A S E M E N T TOWN OF ITIIACA WATER IMPROVEMENT WATER MAIN PROJECT ow 755 rant . 283 1. Jut L J y �J - 1 PROPERTY LOCATIONS TOMPKINS COUNTY: TOWN OF ITHACA Property Address: Ithaca College Campus Town of Ithaca Tax Parcel Numbers 41-1-30.2 THIS INDENTURE made as of the 30th day of June lg 86 BETWEEN: Ithaca College 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 transmissioon 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 transmission 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 transmission 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 tlua couter liiiu Of the right-of-way. wr+ 1 REAL ES'W AUG 1 5 1995 TRANSFERTAX C7 0 .'EASEMENT -- Town of Ithaca Water Improvement tiara 755 vast 284 Together with a temporary easement during the period of original construction over so much of the owner's property as may j 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 1 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: Grantor reserves the right to require grantee, upon ninety (90) days prior notice in writing, to relocate the easement granted herein if, in the opinion of the grantor, the easement as presently located shall interfere with the development of the premises of the grantor. In such an event, all costs of relocation of the within easement and the water pipe line system , of the grantee shall be borne solely by the grantor. Such relocation shall be accomplished only by persons or contractors approved by grantee and in the manner required b 9 y grantee and any agency or instrumentality providing water to grantee, including requirements as to design, installation and inspection during relocation. The costs of relocation to be paid by grantor shall include construction costs as well as any engineering, inspection or other costs incurred by grantee to insure quality standards . relating to the relocated pipe and to assure proper installation. In the event of the abandonment of the within easement by the grantee, all rights and obligations pursuant to the within easement agreement shall be deemed extinquished and all right, title and interest to the premises subject to the within easement shall revert to the then owner of the underlying fee title to the premises through which the easement passes. f 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 4 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 y Period GRANTOR's claim is based or within such shorter statutoreriod as may be applicable, ii i i k 2 r� l • • E 1-0 • TITLE INFORMATION FROM PROPERTY OWNERS 1. Properly Owner (Full name. It more than one person has an interest in the property, state his name. Als% ante nature of relationship, i.e.. husband and wife, or tenants in common, parent and child, etc) Name, Address k Telephone Number. Ithaca College 953 Danby Road., Ithaca, N. Y. L Properly Locistion and Tut Pared Number 07-274-3285 Tompkins County: Town of Ithaca $� S. Indicate who has possession sion of any or all of the following (cross out whichever Is not applicable) t Abstract of Title: Ithaca College Ithaca College Also. give following Information as to recording In County Clerk's office (wually found in front of Deed) Book i. t t�12 2 Page 215 Ikm of gccardig _ July 6, 1949 Survey, Map, sketch: 4. Name and address of any person or institution holding a mortgage or mortgages on your property. f3. It you acquired the Property by DEED, please fill in the following: Approximate date (give year It you can't remember month): July 6 1949 , From ~'hOin Purchased: Ray H. Campbell and Wells S. Campbell R II you Inherited property. please till in the following: Approximate date: Frain whom: Was there a Will? U there was no Will. was an adminutrolor appointed? THE ABOVE INFO$AtATION will be uscd by hfunitilml Of(i;ials for the purpose of prelating or verifying tigAt of way ageeemeny emnmtmications with property owners, etc. <:.-�.say.w..*�s+w.��.�wa<.aka.�.�,..�:..::.:.�.«.«-•,.r:..: .. p. ....�.. t�,.._ „ t:. t r `116i0.' 755 PAGE •286 ! This instrument shall bind the parties heretq their d4tributees, personal representatives suooessors and auigns. IN WITNESS WHEREOF. till instrument has been duly executed by the GRANTOR(S) i and/or the holders of this lien 1%7TN ' 'S: (sign I w : -•-- --- Imo. �-- ---A STATE OF SS.: COUNTY OF (tndivlduat On this day of 19, before me the subscriber. adnu"k4r personally appeared to me personally known and known to me to be the' same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. NOTARY PUBLIC STATE OF SS t COUNTY OF. (Indtttdust On this day of 19, r before me, the subscriber. "t) `Wr personally appeared pun to me personally known and known to me to be the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same - NOTARY PUBLIC STATE OF SS,: COUNTY OF (Ad wkdp On this day of 19, . before mk the subscriber, event by aub"Wag personally appeared adtoeo) the subscribing witness to the foregoing Instrument. to me personally known, who being by me duly sworn, did depose and ay that he resides at that he knows Bald to be the individual (a) described in, and who executed the foregoing Instrument; that he, the subscribing witness, was present and saw him execute the same; and that he, ald at &be same time subscribed his naaw as witness thereto } NOTARY PUBLIC STATE OF COUNTY OF )• (Corporale On this a•.V day of �•N.-� , 19dL , before me per. b6nowent)~iror sonally came to me rsonally known who, being by me dull sworn did dee and say that he resides at ' r 4. that he isthF ✓. lJ�KH ,Q to . r a 4"" aA2f �Q c`�i L4t,(i V-1 the corporation described in and which executed the above Instrument; that he knots the sea 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 aid Corporation, and that he signed his name Tompkint County, u: thereso�v (corder, �gordeon �ti6js . 11.....7..C.. 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