HomeMy WebLinkAboutBF172395-001TOWN OF ITHACA, N.Y. ArAVATERMAIN RIGHT OF WAY
44— 2-5
Property Address (if any) :
THIS INDENTURE, made this----9.................. day of ............... MAY ---------------------------------------- , 19%BETWEEN
C. W. Bonnefond
referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the
( Town of Ithaca)
WITNESSETH: WHEREAS said Town is about to construct a system of
water mains or extensions thereof, which by reason of topography and grades in certain locations must
depart from established highways in order to render proper service to property owners of the Town, and
WHEREAS the Grantor is the owner or has an interest in real property in said Town whereShwwr
water main line or lines 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, its successor and
assigns forever: A permanent right of way to enter upon, construct, operate, maintain, repair and replace
arcs€ water main pipe line and appurtenances across or upon the lands of the Grantor in
said Town in accordance with official plans and specifications filed at the office of the Town Clerk, the
center line of which right of way along which said sQWWwater line and appurtenances is to be laid
shall be substantially as shown on File No. 14748 with a 10' wide permanent
easement over center line of main as built (40 _+ feet south
from center line of King Road)
Grantor.
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 wexxxxA00K water main and
appurtenances are being installed, which temporary easement is also shown on File No.
Additional provisions, deed references, property descriptions (if desired) are hereinafter set forth:
At the sole expense of grantee:
(1) It shall be a provision of this easement that each tree shall
be restored or replaced with a comparable tree if any die within
one year and six months of this date.
(2) Grading and seeding and replacement of fences shall be to the
owners satisfaction.
(3) Driveway shall be black -top from cut at south edge to edge of
pavement on King Road
(4) Private buried telephone and electric lines to the house shall
be replaced if broken without a splice.
The AM r water pipe and appurtenances constructed on said premises shall remain the property of
the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said
property covered by said right of way, subject to the rights and privileges herein granted to the Town, and
he reserves the right to use and enjoy said premises provided that such use shall not interfere with the con-
struction, maintenance, operation or repair of, or cause injury or damage to, the pipe or appurtenances. The
town will restrict its operations to the minimum feasible width for said right of way. The Town, whenever
any work is done on the grantor's premises, will restore the surface of said premises to substantially the
same condition as before such work was done, without expense to the owner. The owner shall be permitted
to connect his XY40<2adXor water service lateral to such sexxxx2&.M water main if it is more feasible
and economical to connect with the 8xm. r water main instead of connecting to a differenNmcvm
X110M water main in an adjoining highway.
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:
U - JT^a X", s� � N \ w e- �\ -. S A u w, a- le,& ` �, x—
,� \ ;.0 cam• w tc�
G �r aN 1 Cam.
This instrument shall be binding on the parties hereto, their distributees, personal representatives, suc-
cessors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the
holders of this lien.
T
WITNESS: ( sign below) :
=-------------------- , -------.................................... L.S.
efond
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STATE OF NEW YORK : SS.
COUNTY OF TOMPKINS:
On this ----- 9th -__ - day of ........ May ............ _----------------------- 1958 , before me, the subscriber, personally
appeared
C. W. BONNEFOND
to me personally known and known to me to be the same person (s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the,,s-;xne / n
HARRY S. HAMILTON
Notary Public, State of New Ynrl'
in Tompkins County Nq. 55-6i'48101i
Txprres MarcoU, ��70
STATE OF ------------------------------------- SS.
COUNTY OF ----------------------- -------
Onthis ------------------------ day of ------------------------...------------------------ 19
appeared
PUBLIC
, before me, the subscriber, personally
to me personally known and known to me to be the same person (s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
----- -------------------------------------------------------------------------------------------
NOTARY PUBLIC
STATE OF �� doe ---------
COUNTY OF /U!__.d.____-. SS.
/�%f/ In / &1e
On this ................................ day of ..................................... 197�/, before me, the subscriber, personally
appeared � O y Ae
the subscribing witness to the foregoing instrument, to me personall}known, who, being by me duly
sworn, did depose and say that he resides at ���t/�!/i4, /I�fu/p�Z,(�
that he knows said CJ iv,
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
P� y- , at the same time subscribed name as witness thereto.
STATE OF -------------- ---------------------- SS.
COUNTY OF --------------------------------
����✓�
NOTARY PUBLIC
EDWARD L. BERGEN
Notary Public, State of New Yorl;
Na 55-0254000
(qualified in Tompkins County
Term Expires March 30, 197d_
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.
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NOTARY PUBLIC