HomeMy WebLinkAbout095562-001N6[, 673 pia 294 WATER EASEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: Lakeview Cemetery
605 East Shore Drive
Ithaca, New York 14850
! Town of Ithaca Tax Parcel Number: 16.-24
y) THIS INDENTURE made as ofthe Ly, day of 192:!�
BETWEEN: Lakeview Cemetery
P.O. Box 491
Ithaca, New York 14951
referred to herein 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 essigns,
WITNESSETH:
WHEREAS, GRANTEE has authorized the construction of facilities for and is about to construct the said
Project which includes water transmission, distribution, supply and service pipe(s) and appurtenances which by reason
of the topography and grades in certain locations must depart from established highways, rights -of -way, easements or
other Town property in order to complete the work necessary or reasonable to render proper water transmission,
distribution, supply and service to property owners in the Town of Ithaca, and
WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the
water transmission, distribution, supply and service pipe(s) 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 stabilisation 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 good
and sufficient consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said
GRANTEE, its successors and assigns forever. A permanent right-of-way I easement to enter upon, construct, operate,
maintain, repair and replace water transmission, distribution, and supply pipe(s) and appurtenances or such other
facilities as are herein described across or upon the lands of the GRANTOR in the Town of Ithaca 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 map, unless
otherwise shown on said map or unless otherwise stated herein, the center line of the pipc(s) as actually laid shall be the
center hne of the right-of-way / easement.
•
r, o
Li
s _rrn
�t i�iRnt '
N .gym
O
.. ant
N r-O
Lt
i
.7
•
Eaton
\
Eosin
Existing Rood R.O.W. i
•
•
•
•
•
A.
of 10,
plfiit fh IOing
New iu vaI14 --
\
New N �erpnt
New PRV Irullding
24' White Pine
Do not disturb
1
New Eleetrie lilts
r�
r r ' fn1
PERMANENT AND TEMPORARY EASEMENTS
FOR WATER MAIN
THROUGH THE LANDS OF TAX PARCEL
16-2-5
TOWN OF ITHACA WATER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG *_P4_ EASEMENT MAP *_1__
ILE: Cemetery Easement.dgn DATE: 2/17/00
SCALE: Not to Scale
I16[R 873 ►ACE
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 personnel and vehicles while the said water pipe(s) and appurtenances (or any
other facilities specifically described below) are being instilled, which temporary easement is also shown on the
attached map.
The execution of this instrument by a parry holding the following lien(&) on the above premises shall constitute
a release from any such lien(s) of the easement granted hereby:
All equipment, materials, and other property belonging to the GRANTEE, its agents or contractors, stored on
or located on the right-of-way / easement area, and the water pipe(s) 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 easement / right-
of-way, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to
use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE
hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to, the water pipes) or
other facilities or appurtenances. The GRANTEE will take reasonable steps to restrict its operations to the minimum
feasible width.!area for said right-of-way / easement. 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 it was in before any such work was done insofar as such restoration is reasonably possible To the
greatest extent reasonably possible, and subject to the necessary requirements of the project being undertaken, the
exercise of rights under this right-of-way / casement shall be done so as to minimize environmental damage and'or
consequences If any damage is caused to the GRANTOR'S property, or if such property has not been properly
restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writne to the GRANTEE at the Town
of Ithaca Offices at 126 East Seneca Street, Ithaca New York. immediately follow me any such damage or failure to
restore the property. Such notice must be in writing and must be given promptly in order to enable the Town of Ithaca
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 GRANTOR'S claim is based
or within such shorter statutory period as may be applicable.
Additional provisions, deed references, property descriptions (if desired), and descriptions' of additional
facilities are hereinafter set forth.
x
a
z
r
6
4
1!
V
d
41
#I
i !
E i
. +.w.�s—.r.r..r..+ilwr�.,:.+.>,:;��,a�rYMalltaYs.�A3:rw' �w.r.wr..w. eAxxv+n�✓
t
S
•
•
0
EASEMENT — Town of Itham Water ImprmVrnent l l6[R (373 ?AGE 297
This instrument shall bind the parties hereto. their distributes, personal repranMatIM successors and
assigns
IN WITNESS WHEREOF, this inmamtts has boom duly accuted by Ike GRANTORS) wAva ake
holders or this lien.
ITNESS: / I(si
LA
L&
L&
LL
•
I'
4
}
1'
I
•
1
lt9(fl ei �etg tSil�ot+tLY svHrrt TRR ACXNOMMSD MZRT 13 MOE a KSW YORr STATE
State of New York, County of Ta ^f/��
On the y day of 4r_,t ,,e in the year 7w 6 'f'h orr4,ocz-K j before me, the
undersigned, personally appeared lcc� Tip Y ro //
personally known to me or proved to me on the bests of satisfactory, evidence to be the itdividugi(s) whose
unics(s) is (are) subscribed to the within instrument and acknowledged to me that helshe/they executed the
same in his/her/their capacity(ies), and that by his/herhheir signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
BRUCE 0 wILSnN (tgnature and office oT individual taking acknowledgment)
Notary Public, State o1 New York
No.65-4517765
Qualified in Tompkins County
Term Expires March 30,
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE
State (or District of Columbia, Territory, or Foreign Country) of
ss:
On the day of in the year before me, the undersigned,
personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
names(s) is (are) subscribed to the within instrument and acknowledged to me that he/shehhey executed the
same in his/her/their capacity(ies), and that by his/herhheir signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made
such appearance before the undersigned in the
in
(inert the City or otter political subdivision) (and Insert the state or Country or other plan the aclmowledgativat was taken)
(signature and office of individual taking acknowledgment)
y. V 4WGlY�{,Tw
S O
RE"IWIATE
_T1!AN3P6RTAX
amp insunty, ss:
Recorded QL71�
Daof C ato'c ck. in Liborofat page
and examined.
0
•
•
•
C7