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E A- S E M E N T
TOWN OF ITHACA WATER IMPROVEMENT
WATER -MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHA CA -
Property Address:
Tax Parcel Number:,
THIS INDENTURE. made as of the 19th day of October- 1981
BETWEEN
Therm, Inc.
referred to as the GRANTOR., and:. -
the -TOWN OF- ITHACA, a murii`cipaT corporatirori-in the County of Tompkins,
'New York, herein also referred to as GRANTEE, its successors and
assigns,
WITNESSETH: WHEREAS the said municipality has constructed
facilities for.the•said Project which include water transmission
pipe "lines and appurtenances which by rea-son of :the topograpfiy 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:oi has an interest. in real property where -the
water transmission pipe line or -lines and appurtenances or other
facilities cross or encroach upon private property for the above
reasons,
NOW, THEREFORE,"said"GRANTOR in consideration of the benefits
..-accruing-both community wide and -to said GRANTOR as a result of
stabilization of"property values,and protection of health and other-
wise,, and.in further consideration:of the covenants herein contained.
and other`good and sufficient.consi:deration, 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-xeplace a.water transmission pipe line and appurtenances
or such other facilities'as are herein described on the lands of
the GRANTOR in accordance with"officials 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 map.entitled "COT�nOSITE MAP
OF LANDS OF THERM, INC., HUDSON STREET EXTENSION, TOWN OF ITHACA,
:NEW YORK"; dated September 1,'1970, by Thomas G. Miller, Surveyor,
a copy of which map is.to be recorded concurrently herewith.
The execution of --this instrument by a party holding the
following lien(s) on the-above*premises shall constitute a release
from such lien,(s) of the easement granted hereby:
-2 -
The water main.and appurtenances (or any other'facilities) con-
structed '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) 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 exp.ense-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.
W
instrument shall bind the parties hereto, their distributees, personal representatives, successors and
•
IN IVITINESS WHEREOF, this instrument has been duly executed by the GRANTORS)
and/or the holders of this lien n
WITNESS: (sign below) : / y
__..... _....... .._.......
..._._._.._.
h, s.
-- - .... _....._..... _ - -- -- L S.
STATE OF ) SS" f t -
COUNTY OF )
(individual On this day of 19;- , before me, the subsa-iber,-- -
acknowledg- personally appeared
meat)
to me personally known and known to me to be the same person (s) described in and each of
whom executed the within instrument, and duly acknowledged to me that he executed the same.
NOTARY PUBLIC
STATE OF ) SS"
COUNTY OF )
On this day of I9, ,- before .me, the subscriber,
(Individual
acknowledg- personally appeared
mcnt)
to me personally known and known to me to be -the same person (s) . described iii and each of
whom executed the within instrument, -and duly acknowledged to me that he executed the same.
NOTARY PUBLIC
STATE OF ) SS.:
COUNTY OF
On this _ day of 19, , before me, the subscriber,
(Ackpowledg-
mens by personally appeared
subscribing
w•itncss)
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
i
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 him execute the same; and that he, said
at the same time subscribed his name as
witness thereto.
NOTARY PUBLIC
STATE OF NEW YORK ) SS
COUNTY OF TOMPKINS )
On this • day of October , 1981 ,before we Pa -
(Corporate On
acknowledg- sonally came ROBERT R. SPROI:E II
mmq
to me personally known who, being by me duly sworn did depose and say that he resides at
that he is the Vice President of Therm Incorporated,
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�gf�id Corporation, and that he signed his name
thereto by like order.
York NOTARY PUBLIC
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