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Home My WebLink About100559-001.a t Ito 917 tat 171 � ro WATER EASEMENT ' ,'f:-CEei 9jCGUNTY CLEof. a SEP TOWN OF rrHACAA WATM IME>RLiVLMENI � 21 AN'_ J PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF iTHACA • r` Property Address: Mecklenburg Road Ithaca, New York 14850 L r - Town of Ithaca Tax Parcel Number: 27: 1.13.12 THiS INDENTURE made as of the _ day of 20_. BETWEEN: Estate of Anthony Cer•acche c/o. Walter Wiggins, Esq. Wiggins & Masson, LLP 308 N. Tioga St., Ithaca, NY 14851 ' 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 assigns,' 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 < t 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 Ar". said, GRANTOR as a result of stabilization of property values and protection of the general health, benefit and welfare b 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: doeshereby grant and.convey to said GRANTEE, its successors and assigns forever: A permiment right-of-way / casement 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 plaits and specifications filed originally at theoffice of the Town Clerk of the Town of Ithaca; the width of the right-of-way I " 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 ce slerline of the pipe(s) as actually, laid shall be. dwpenter line of On right -of way/easement: { s us�a yi'i Pact V2 EASEMENT — Town of Ithaca Water Improvement (2) TOGETHER WITH a temporary easement during the period of original' construction over so much of the owner's property as may he necessary fur personnel and vehicles while the said water pipc(s) sand appurtenances (or any other facilities specifically described below) are being installed, which temporary easement is alsoahown on the attached The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any suchlien(s) of tln 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 (ofany other facilities) constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTL'E, but the GRANTOR (1) reserves the underlying fee title it, said property covered by said casement / 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 pipets) or other facilities or appurtenances. The GRANTEE will take reasonable steps to restrict its operations to the minimum feasible widthlarea for said right-of-way / casement, Whenever any work is done on the GRANTORS premises, it is agreed that. without expense to the owner, all debris will be removed, the premises will be restored to substantially the sane condition it was in before any such work was dune insofar as such restoration is reasonably possible. T, 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. )rang datnage is caused to the GRANTOR'S property, or if such property has not been properly restored by du GRANTEE, the GRANTOR shall give prompt and clue no ice in wri�ini to the GRAN'I'hE at the,rawn of Ithaca Offices at 126 last Seneca Street, Ithaca, New York, inunediately following any such danta a or failure to restore the proMi-ty Such notice trust be in writing and trust be given promptly in order to enable the Town of Ithaca to notify the Town Engineer anti the. Contractor, if any who perfornxd the work on the project. Any action against the Town must be conmunced within two years from the happening of the event upon which GRANTORS 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 hercinalier set forth: g • usiR 917 PAGE 173 EASEMENT— Town of Ithaca Water Improvement This instrument shalt hind the panics hereto, their distributes, persona) represcaiatives. heirs. successors and assigns. INWITNESSWHEREOF, this instrument has been duty executed by the GRANTOR(s) andior the holders of this lien. OWNER(s) NAM OWNF.Rts) SIGNATURE - • x Estate of Anthony Ceracche L.S. L.S. State of �New York. County of Tompkins SS: " On the 1-6 ay of j in the year ko i before me, the undersigned, personally appeared. Ay Personally known tome or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (arc) subscribed to the within instrument and acknowledged to me that he/he/they executed the same in his/her/their capaciiy(ics). and that by his/her/their signaturq(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. EVUVN AA Notary Public, Si, of tJew Yak No. e99X41 NOTARY PUBLIC Q;ai4ea r� T ,:Aom County Cam uiwa , ®eon o Dcc. 23, TOWN OF ITHACA K BY: Catherine Valentina t_ ds�2t l G y y.tf • - — SIGNATURE State of New York. County of Tompkins SS: On the day of in the year ADal before me, the undersigned, personally appeared. �121 eck J7-° n 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/shc/they executed the same in his/her/their capacity(ies), and that by hisAwr/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument NOTARY PUBLIC A. 111 �Publk, 8 te of � V4 =A brim coury V { s 4 ll6tR 917 not 174 , a I 4 s z r ( , State of New York, County i Tomakirts SSt 4 On the day of in the year a%1 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) x is (are) subscribed to the within instrument and acknowledged to the that he/shefthey executed the same in his/her/their capac€ty(ies), and that by h s/herftheir sigaature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted executed the instrument P1tYtBlyds!#1�6T Newt No. 01 NA5062686 duatified in Tompkins County Commission Expires December 4, RcctNed tm t [1av of ,0hi Lihcr of } ...,,, at pale mid examined. = . •,,, ^au.�...,�w:a,��.. +ems«;,..w;.:z- w.x�sw...,x rn+e urc.«.�:+7r-..,>�,w:.a,a.,.,,a��w:�.�.acasvwwxw-w-,zaauwr-vv..�nasuu<Ww�.*�.ri