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Home My WebLink About522872-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 5 Receipt No. 522872 DATE: 03/11 /2008 Time: 09:55 AM Document Type: EASEMENT/LEASE Instrument Number *522872-001 * Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Parties To Transaction: PALEONTOLOGICAL RESEARCH TO ITHACA Deed Information Mortgaae Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 02254 Special Mtge. Tax: County Transfer Tax: $0.00 Additional Mtge. Tax: State of New York Tompkins County Clerk Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH e rL,- '0— - Clerk I IIIIII IIIII IIIII IIIII Tompkins IIIII IIII IIIIII IIIII IIIII IIII IIII WATER EASEMENT TOWN OF ITHACA WATER IMPROVEMENT MOP IRTY LOCATION: TOMPKINS CCilit:'i', 1"OV,-N 0r ITI1.V�'-':1 Property Address: 1259 Trumansburg Rd / J, Town of Ithaca Tax Parcel Number:.:24r � ' TIM INDENTURE rnade as of the)&ay of 20 �; `�� BETWEEN: Paleontological Research Institution 1259 Trumansburg Rd Ithaca, NY 14850 Referred to herein as the GRANTOR. And the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga 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 whcre 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 stabilization 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 / 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 t 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 pipe(s) as actually laid shall be the center line of the right-of- way / easement. 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 installed; which temporary easement is also shown on the attached map- The etecutk-m z-rf-this instrinutzt by a party It ding the folkmang hen(4) -cm the thov'e sf pt ses 0 cairfitow ai m1mric from any m6 fimi(s) of the easemem granted hereby: Alt � pment, material:, and ether pmTery Ipelep %ing to the GRANTEE, AK agent-, a^ c tsuractors, stored on or kxatted on the ri&- way > easnetrt area. snit the water-pipe(s) and aMnrtcnamvm (or -any scrim facilities) ccai Aructoi wt mA-pmtwst*, drat} .ren= the Fropurty of and shalt be under the contmi. and superx.-ismu of the GRANTEE. but ttpe GRA3'3"1 Ok (I) re =m-s the tt derlying fez title itimid pmM-rty mwe- rd by said wm m nt € ri&l of=-w7ay,,-ubjcct to the nehts and prwilka 3terew gtttrtaed to the GRANTEE and (22) GR MOR xa,,m a the right to ttse and enjoy i aid pmmises IprEpi•"ided that such use shall wt interfere with the right- grancil w the G��41U, baeitF3dcr w tk i amst-amiCtn, rniairit41kmice", operatiim fir repdir cif. ffr cites injury or difflue4w to, the ty-mr pipe(s) Qr other fat ices Cu s . urteaisuce The GRAbi"1'EE ;a*itl t� rzaatitusbie str� to re+ttzict its oprratior� to the rttirtiitrtiin st fe aaicWh/am for i-aid right -of vmy 1 easement ever ttn work is dam on the GR'.NTOWS prctnirts, ii is agrcod that, without espeme to the owner. all debris urili be mmuved; tTte pmoliAv will be restore- to sttbstartti:slly the stun condition it wai in ix fore aay %ucla work was dotte Liar w such restoration iY� tewwrahfy pmwiblr, To the, gowtect extent mas-anably possible, and gabled to the fury requireme m of flu; prplect-beft utderiaket�t the s;xat sic of righoc under this rigk-of--wkv % eat shall be done so a:, to rainimize mvironmenW dwwp wAlor cots*ec{uettc if am tlartxsge is cattsc i to the GR1iT+lIf3RSonrifrahcotmpapl�rcKm myam by tlw. GkAKMET fire giAN-T1OR l gn-m prompt mid due notice mvtjtj to tbe-GRAMTT. a the Tom of lily �a C3es at 115 IS3sprth Tjoga N' ti�eet Itha: tt Iw :ttely folly ' U a �r such Y . f ' & • t' trirri rrtg_. Such tiotiee insist be in lriitsna sr►1 moat 3Segivcn pmmptly in order to -enable dv Toait oftt =n tti ttoti Cythe Town Em r aiYd the Contractor, if any wbo performed -tau- weprl% on the Prgjbct Any actim 4pinse the Towi nwst bz commestced witlur: Iwo years from the happening of tha cvestt upon w-ttich GRANTORS chtim is babes} or within gash shorter statutory period as way be applicable. ,Additional tprov lions, deed re€rants, property de',4_-dpticros (if desired), mid drscrsptions of additional fatalities are hereinafter set f-L%M : .e„ .max This instrument shall bind the parties hereto, their distributes, personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(s) and/or the holders of this lien. OR'N'FR(s) NAME ONVINFR(s) SIGNATURE ?Aa, oNToL a144-L R6S&WA 1'0S71V-,1otJ L.S. State of New York, County of Tompkins SS: On the day of in the year v7 before me, the undersigned, personally appeared. Rybe(A m- Vo S s 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 helshe/they executed the same in his/ber;their capacity(ies), and that by his/her/tbeir signature(s) on the instrument. the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. CARRIE WHITMORE Notary Public, State of New York ( auo- No. 01 WH6052877 Tioga County NOTARY PUBLIC Commission Expires December 26,�?00 TON", OF ITHACA BY l�erl�e Valev�fi� SIGNATURE State of New/ York, County of Tompkins SS: On the �lY day of Mb CK in the year AUU7 before me, the undersigned, personally appeared. �Gtfil�er�ne Vct1(nt�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 be/sbe/they executed the same in his/her/their capacity(ies), and that by histher/their signature(s) on the instrument, the individual(s), or the person upon belmlfof which the individual(s) acted, executed the instrument. NOTARY PUBLIC CARRIE WHITMORE Notary Public, State of New York No. 01 W H6052877 Tioga County Commission Expires December 26, atA