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Home My WebLink About090246-001• (i'7yti() usra 82S Past 1,15 WA'I1-8 MAIN I'.ASENI N►' ►I :'iZiI3� PR0I1tR 1'Y L(X'ATION 1'OMPKINS COUNTY TOWN OF TTI(AC'A '� — — (-) ''i Property Address 103 Bundy Road, Ithaca, New York 14850 AUG 2 6 1998 W Town of Ithaca Tax Parcel Number- 27-1-11 2 KEALhSlAlh M S C THIS INI)LiNTIJRI:, made as of the � 'day of �, " i 1998 TOMPKINOUNTY BE I'Wl•.1'.N RICHARD A PERRY and MARY LOUISE PERRY, 101 Bundy Road, Ithaca, New York 14850 referred to herein as GRAN1.OR, and OI. 1I'IIAC'A, New York corporation, with offices at 126 Fast Seneca Street, Ithaca, New the TOWN a municipal York 14850, hereinafter called GRAN I"L1',• its successors and assigns, ` T WITN ItSS1:•1'If �S W1tERFAS, 6RAN11 1' has laid a water main for a water distribution system (hereinafter the "Project") amiss premises of the GRANTOR, and 2 fiWIIERLAS, the ORAN'1 OR is obtaining water service from said water main, and WIII.RI.AS, the panics wtsh to nicnioriah/c the granting of an casement for such water main, fY NOW, I III -RI 1 ORI , in consideration of the mutual covenants hercm contained and other good and sufficient consideration. rckeipt whereof is hereby aL know ledged, does hereby grant and Lonvcy Io said GRANITE, its suLLcssors and .assigns lorevcr A permanent right of way and casement to enter upon, install, construct, operate, m:aintam, repair, and replace a w.lter distribution pipeline and related facilities or any other nhunio.ipal facilities as GRANITE in its daxrcuon may deem ne,essary oar .ippropri.alc on the lands tit the GRAN 1014 The casement is 20 lect m width and the :approximate location of the centerline is shown on a map entitled. "Survey Map Showing 1 ands tit Richard A and Mary Loutse Perry, Bundy Road wait N Y.N Route 96" on a sheet entitled '•l inal Subdivision Platt" dated 5/19/10I8 revised 6/11/98 prepared by'T G Miller, P C a copy of which map is intended to he Idcd Loiaurrenily with this e:awnient, said caunient running from Bundy Road at a point approximately 1,ISO feet westerly along the southerly line of Bundy Road from its intersection with the southwesterly line of 'I runhmnhurg Road southerly a, ross land% of the 6RANI OR to lands of Anthony Cerache, all as more particularly shown on the above referenced map 1 he water line and appurtenances (and any other facthucs) constructed on said premises shall remain the property of and shall be under tie control and supervision of the CRAN11T, and during the course of the com aruction all equipment, materials, and other property belonging to the C iRANIT.li, its agents or contractors, stored on or located on the casement arm shall remain the property of and shall be under the control and supersnsion of the GRANITi., However, the GRAKFOR (1) reserves the underlying fee title to sand property covered by said right of way, subject to the rights and privileges herein granted to the GRANTEL, and (2) GRANTOR reserves the 0 824 PAVE 146 OU HNIN will, W I Mk, ORIUM 3 30pm right to use and enjoy said premises provided that such use shall not mterfere with the rights granted to the GRANITiI: hereunder. The GRANTiiC:' will take reasonable steps to restrict its operations to the minimum feasible area for said easement. Whenever any wail 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 dome 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 GRANITE, the GRANTOR shall give prompt and due notice in writing to the GRANIU: at the Town of Ithaca Offices at 126 last Seneca Street, Iibaca. New York (or at the then location of the (it fioc of the 'Town Clerk) immediately following any such J., mage nr Lulure to restore the nrorertv Prompt nonce is required so that the GRANIIili may notify and take action against the contractor, if any, who performed work on the Project Any action against the GRANIT:IE, few a violation of GRANI'lili'S responsibility hereunder must be oommcriced within two years from the happening of the event upon Which the 6RANI OR'S claun 1% ha%cd or Within Such shorter statutory period as may he applicable. Additional provisions, deed references, properly deuripnon% (if desired), and descriptions of additional • facilities are heremaf ter set forth Said casement crosses property acquired by the ( iRANfOR from Mary Ely Joseph by Deed dated January 18, 1961 and recorded in the 'Iompkms Courtly Clerk'% office May 17, 1961 in Ldier 434 of Ikeds at Page 283. 'I lie execution of tilts ul%truulent by it parry holding file following lien(%) on the above premises shall constitute a release from any such IICn(s) of the easement granted hereby There are no liens 'I'll have and to hold the casement herein granted unto the f iRANI LE. its successors and assigns forever and the f iRANI'OR covenants as follows IIRS f 'I hat GRANIEF: 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 same first to the payment of the cost of the improvement before using any pan of the total of the sdme for any other purpose. 'flits instrument shall hind the panics hereto, their distnbutecs, personal representatives, successors and assigns. 7N WTINF?SS WIII:RF,OF, this instrument has been duly executed by the GRANTOR(S) and/or the holden of the lien referred to above • 2 • enemerd if, wp3IA. 09/241% 10 Hrm W17N1:SS (sign below) Wrtncss Richard A ferry, Grantor Mary Lotftsc Perry, Grantor 116E6 82S pA;f 14i STA'll? Oi NI•W YO)RK I • C(HwrY OI• IOMPKINS) ss AJ On this G day of �k + t 1998. Wore me, the %nhccnber, pson crally appeared Richard A. I'eny to me perW+ruQly known and known W me W he the s:one person deacnbeJ in 11rx1 who executed the within Instrument, and he duly acknowledged to me that he executed We same Jfr/�rr ! \ Notary Public ; . STATE Ol- NEW YORK) Z.,J' Nu Si Apt ,.f . 1D Yov" COUNTY OF TOMPKINS) %% cotn(M ,ur, LAP+,-' On this _1l l day of (t'; _T 199%, before me, the subscriber, personally appeared Mary Loutk I4•rry to me perwnlal known and known a) me to he Ihr %ante per%on dcacrlbed 1n and who executed the wtthtn Instrument, and she duly acknowledged to me UW she executed the same. /X/ No t ry 1'uhhc ft1Nr',nttt,,.,_,"6-2 No �t.4'31 ccmisuon E% )11('h Nwen • runty, RVL,1JCd on tltr 2 4 ry Day u'ch.: M. in l.iber of at page 1 5']• a4 ex untned, "fit. V4.�