HomeMy WebLinkAboutBF172537-001WATER MAIN EASEMENT
TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: A) 244 Sapsucker Woods Road; Ithaca, NY 14850
B) 246 Sapsucker Woods -Road, Ithaca, NY 14850
Town of Ithaca Tax Parcel Number:
A) 73-1-7,2
B) 73-1-6 114
THIS INDENTURE made as of the day of December , 1995
BETWEEN. STEPHEN P. LUCENTE of 981-Tta�u-ghhannock Blvd., Ithaca, N.Y. 14850
referred to 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, the said Municipality has authorized the construction of
facilities for the said Project which include water distribution pipe
lines and appurtenances which by reason of the topography and grades
in certain locations must depart from established highways in order
to render proper water supply and distribution service to property
owners in the said Municipality, and
WHEREAS, the GRANTOR is the owner of or has an interest in real
property where the water distribution pipe line or lines 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 health 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
Town of Ithaca, as such Municipality, its successors and assigns
forever: A permanent right-of-way to enter upon, construct, operate,
maintain, repair and replace a water distribution pipe line and
appurtenances or such other facilities as are herein described on the
lands of the GRANTOR 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 and the approximate
location of the center line are shown on the attached map; the center
line of the pipe as actually laid shall be the center line of the
right-of-way.
Page 1 of 5
Said easement being 20 feet in width, the center line of which
is described as follows: Beginning at a point in the southerly
line of Sanctuary Woods Subdivision Lot No. 1 at a point 5 feet
easterly from the westerly line of said Lot No. 1; proceeding
thence North and parallel to the West line of Lot No. 1, a distance
of 150 feet to a point in the southerly line of Sanctuary Drive as
described in the deed from the Grantor to the Grantee conveying
said public roadway, said easement including a 15 foot band along
the west line of Lot 1 and a 5 foot band along the east line of Lot
2.
There is also conveyed an easement for a water main along the
westerly portion of Lot No. 7 to the extent necessary to make the
easement for a water main granted by Rocco P. Lucente concurrently
herewith 20 feet total in width as measured from the easement
center line, the center line of which is just westerly of the West
line of said Lot No. 7. Rocco P. Lucente's said easement grant is
intended to be recorded concurrently herewith, the approximate
width of the easement herein granted being 6 1/2 feet or less
inside the said West boundary of Lot No. 7, extending northerly
from the southwest corner thereof 95.86 feet to the existing water
main, which crosses East to West over the rear portion of Lot No.
7, all as more particularly shown on the attached sketch.
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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 men and vehicles while the said water main and appurtenances (or
any other facilities specifically described below) are being
installed, which temporary easement is also shown on the attached map.
The execution of this instrument by a party holding the following
lien(s) on the above premises shall constitute a release from any
such lien(s) of the easement granted hereby:
See description attached.
The water main 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 right-of-way, subject to the rights and privileges herein
granted to the GRANTEE, and (2) the GRANTOR reserves the right to use
and enjoy said premises provided that such use shall not interfere
with the construction, maintenance, operation or repair of, or cause
injury or damage to, the water main or other facilities or
appurtenances. The GRANTEE will restrict its operation to the
minimum feasible width for said right-of-way. 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 they were in before such work was
done; the GRANTOR shall give prompt notice to the GRANTEE or its
agents of any damage to the property or failure to restore the same
properly. Such notice must be in writing and must be given promptly
in order to enable the Town 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 the GRANTOR'S claim is based or
within such shorter statutory period as may be applicable.
This instrument shall bind the parties hereto, their
distributess, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the
GRANTOR(S) and/or the holders of this lien.
Page 2 of 5
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IF NEW YORK
OF TOMPKINS: SS.
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
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STEPHEN P. LII
------L.S.
CEUM
By 'Rocco P. Lucente , Attorney-In-FacLt S
--------------------------- ------------------------------
----------------------------------------------------------------------------------------L.S.
--------------------------------------------------------------------------------------- -L. S.
---------------------------------------------------------------------------------------L.S.
On this 1 1 yt.r day of December, 1995 before me came ROCCO P.
LUCENTE, to me known, and known to me to be the individual who
executed the foregoing instrument, and known to me to be the
individual described in and appointed attorney-in-fact by a certain
Power of Attorney executed by STEPHEN P. LUCENTE, bearing the date
the 22nd day of November, 1995, which Power of Attorney is being
recorded in the Office of the Clerk of the County of Tompkins
concurrently herewith, and acknowledged that he executed the
foregoing instrument as the act of said STEPHEN P. LUCENTE and as
his attorney-in-fact, and the said ROCCO P. LUCENTE acknowledged to
me that the Power of Attorney has not been revoked by the death of
said STEPHEN P. LUCENTE or otherwise, and it is in full force and
effect. r _
(___XOTARY PUBLIC V
DAVID A. TY i ER
Notary Public, State of Nf"'v
No. 4633353
Qualified in Tompkirl�i`. `
My Commission Expirov Srnm. K', ' =" %
COUNTY OF ............................: JJ.
On this ................................ day of ........................................... 19 , before me, the subscriber, personally
appeared
the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly
sworn, did depose and say that he resides at
that he knows said
to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribing
witness, was present and saw he execute the same; and that he, said
, at the same time subscribed name as witness thereto.
..............................................................................................
NOTARY PUBLIC
STATE OF --------------------------------- SS.
COUNTY OF ............................:
On this ................................ day of ...---........----...------.........---------...--------- 19 , before me personally came
to me personally known who, being by me duly sworn did depose
and say that he resides at ,that he
is the of
the corporation described in and which executed the above Instrument; that he knows the seal of said
corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said Corporation, and that he signed his name thereto by like order.
......................................................................................... .....
NOTARY PUBLIC