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Home My WebLink About093127-001r� • • I i for a c9 2). cv lit 119E Pf to 'Tpl.n 6d#r'107t5V WATER EASEMENT TOWN OF fndACA WATER IMPROVF.MRNT ` PROPERTY LOCATION TOMPKINS COUNTY. TOWN OF MIACA I IiEA W ►ACE 73 Property Address Peachtree Iwnc Town of Ithaca Tax Parccl Number 11.1.8 11 1111S mENn)RI: mode car of the t day of July, i g", HETWFiF.N rul dy I till, Inc 16 Fast Enfield Center Road Ithaca, New York 14850 referred to herein as the GRANTOR, and the TO%N OF n11ACA, a municipal cogioration with offices at 126 fast Sereca Street, Ithaca, New York, hereinaller called GRANTEE. its successors and assigns, WfIN SSI`111 WHI'I(FAS, GRAN EF has authorized the construction of facilities fix and is about to construct the said Protect which include. water transmission, distribution, supply and service pupe(s) and appurtenances which by reason of the t,qx ltraphv and grades in ertam locations must depart fiom established highways, rights -if -way, cascinents or other lown property in order to complete tire work necessary or reasonable to tender proper water transmissirn, distribution, supply and service to [no") owners in the'lown of Ithaca, end WFIF.RFAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the water transmusio n, distribution, supply and ri �rvice pipc(s) and appurtenances or other facilities must cross or encroach upon pn%ate property fix the atnte rcauim, NOW, 111FR1•FORR, said (;RANI'OR in convdcratioxn of the benefits to acetic loth community wide and to said GRAN FOR as a rewlt of stabihietion 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 µmid and stdlicemt eon% dcruuon, recipt whereof is hereby aeknowledµed, does hereby grant and convey to said GRAN I LI , its stsceswxs and assigns forever A permanent iightof-way / easement to enter upon, anstnict, oprratc, nuuntum, repair and replace water transmission, distribution, and supply pipe(s) and appurtenances or such other facilities as arc herein described across or upon the lands of the GRANTOR in the Town of lthaca 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 / easement and the approximate location of the center line are shown on the attached trap, unless otherwise shown to said map us unless otherwise stated herein, the center lino of the pipes) as actually laid shall he the center Inc of the right-of-way / casement. a — o — JUL 15 1999 t� RLAL LS'fATE TRANSFER TAX TOMPKINSCOONTY N J 0 wit 853 rgct 74 t FAST MDIT — Tam of Ithace Water Improvement TMEMER WITIf a temporary easement dtiring der period of original oonstruetion over a much of the owner's property as may be necessary for penextnel and vehicles while the said water ptpo(s) and appurtenances (or any otter facilities spocifically dcunbod below) are being installed, which temporary easement is also shown an the attsew map. The exocution of this instrument by a parry holding the following lien(s) on the above promise shall constitute a release firm any such licn(s) of the easement granted hereby, All cyuipment, mstcrtals, and (dw prof=ty belonging to the URANT1iE, its agents or contractors, stated on or located on the right-of-way / casement are, and the water pipe(s) and appurtenances (or any other facilities) constructed on said premises shall rcntam the property of and shall be under the control and stipervision of the GRANIT-E, but the GRAM OR (1) reserves the urdalytng foe title to said property covered by said easement / nghtof- wav, subject to due ngMs and privileges hercut granted to the UKANllili, and (2) GRANTOR reserves the nght to use and enjoy said premdscs pnmdod that such use shall nu interfere with the rights granted to the URAMTi1: hereunder or the construction, naintmutnce, operation or repair of, or cause injury or damage to, the water pipe(:) or otter fx11111es or appum ants The URANIT.Ii will take reasonable steps to restrict its nperatious to the minimum feasible width/arcs fox said nghtof-way / casement Whenever any ucak is done im the GRANTOR'S M-miw s- it is agreed that, wilhlxit expense to tie owner, all dchxis will he norrutvtd, die prcriuscs will he restored to subiantally the same condition it was in Wore any such work was done insofar as such restoration is rasonahly possible To the greatest extend rwronably possible, and subjoct to the noxxs%ary regwrcmcnts of the project being unokrtaken. the exercise of rights utxkr this right-of-way / ascmient shall he done so as to minimvc cmvon renal damage and/or consequences If any damage is cause) to the ORAMOR'S property, or if such property has to been property restored by the GRANITdi• the ORANI'OR Shull give promlet LOU] due ntticx in w inig to the GRANTT 1, at the Town of 111etw (t0'hces t 126 1Lill Senrea Strout. Ithaca. New Yark. imnrnhatch fi.11ow unit ans stwh lLunnjjc ox liulnic to restlYe U jwtixrty, Such mice must lei in writing and most txi gt%cn promptly in order to enable the fown of Whew to needy the town Engineer ant the Cattracttx, if any who perfiun led the work on the Project Any action against the Town must he aomincrtcod within two yam from the happening of the eaten upoxi which GRANTOR'S claim is basal or within such shorter statutory period as may he applicable Additional prosisioms, deed rellit'ma.'s, pnipMy deunptions (if deture d), and descriptions of additional facilities are hereinafter set forth A permanent casement 70 feet wide centered to the water pipe as butt running from the point where it connects at the westerly terminus of Peachtree [Arlo (future town road) arts[ Seven Mile [hive and running westerly within Pachtrc Lane to the westerly terminus of Pcochtme land at valve 4 cap as shown on a survey map entitled "SAPONI MFAUOWS SUBDIVISION, SEVEN MILEDRIVE, M IACA, NEW YORK" date! March 14, 1994 and filed May 20, 1994 in the Tompkins County Clerk's Office on May 20, 1994 in [hawer V, M 140 01 V- icier 853 mix 75 EASE NH-Wr — Town of Ida" Water Improvement This instrument shall hind the parties hello, their drstnbutes, personal relrosontattves, successors and assigns E EN WITNESS WHEREOF, this mstrutnerW has been duly executed by the GRANTOR(S) antler the holden S of this Itcn s WITNESS: (sign below) Eddy Bill, Inc Paull tdrrtt I • tatil 853 n►st 76 AC%NOWLEDCMEIVT SPATE OF NEW YORK ) COUNTY OF TOMPKINS) a: a: On the �`� day of July in the year 19" before mq the underssgssad, a Notary Public in and for aid 3ta Personally appeared Paul Jacobs, ► a. Pal Y known in Uffwn or proved to me on the basis of atss&" evsdnsce to be the individual capacity, whose namthat y subscribed to the within wtr k th and acknowledged to me that he executed the same in ivi capeced, and that a his signature an the wtnsnsctst the the person upon behalf of which the individual acted, cxecutud the wttumrnt. Notary Public R lames m,.IW NotaryF pi,C, Shteof %wl6ttt No aa?5220 000m m Tomvk'n C"ftt' CO"U", on EIu•rcs hNemtar 30. 7'+ o v Tompkins County, as: RecoTtled on the5 Day of i'-f� 1KC, et o'clock M.ci inL17 73 of n ,l at page ' 43 and examined. ;