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HomeMy WebLinkAboutBF172427-001#A%_,2-6 TOWN OF ITHACA, N.Y.— WATERMAIN RIGHT OF WAY Property Address (if any) : 153 King Road East THIS INDENTURE, made this Donald M. Erickson and Isabel Erickson _. day of ........Ma y........................................... 196 %ETWEEN 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 sanitary sewers and/or 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 where the *ix' 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 .vide 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 a water main pipe line and appurtenances across or upon the Iands 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 sxxaCK-e0V4r water line and appurtenances is to be laid shall be substantially as shown on File No. 14748 by Lozier Engineers. A 10' wide permanent easement over center line of main as built.--(30' 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 MAW303M water main and appurtenances are being installed, not to iexceed (30) thirty days from the date of construction commencement The center line of said right of way described as follows: Commencing at the east line of said Erickson at a point 30' south along said line from the center line of the paved portion off King Road; thence in a westerly direction in a straight line to a point in the west line of Erickson 30 feet -south along said line from the center line of the paved portion of E. King Road. The wwxvm VHr 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 s it water service lateral to such *RV6?§Q1A1M water main if it is more feasible and economical to connect with the sewer and/or water main instead of connecting to a different MOW xxodAor water main in an adjoining highway. The execution of this instrument by a party holding the following liens) on the above premises shall constitute a release from any such lien (s) of the easement granted hereby: Nothing herein shall be construed as a waiver or relinquishment of any claims of the grantors herein which they may have against any persons for damage sustained by any cause in connection with the installation of this water main, or otherwise. 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. H z w A aw as Ao �z AW U �4 WITNESS: ( sign below) : ..... .. ............. .......... L.S. ...........................................L.S. ...........................................L.S. STATE OF NEW YORK : SS. COUNTY OF TOMPKINS: gyp% On this __ a.�............... day of ......... 19 ,before me, the subscriber, personally appeared Isab orickson 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 ALBERTA H- THOMPSON T ry Pul NewYork �fll !7t_ Z., _. 14ota Qualifie�i1'� -' "' °"°ry NOTARY PUBLIC Commission Expires March 30, 19-.f STATE OF ........ SS. COUNTY OF-7Ftt-il:J,I zt vs....: On this ___ y ............................... 19�� before me the subscriber, personally -•n. day of .. , appeared 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. `- ..... .-••••-......--•............... � 3d 4 NOTARY PUBLIC STATE OF /''..--- ................ COUNTY SS. On this ........./7/-T ............. day of ._.-.-..cf ��.'f '�?6'' e........, 19N,, before me, the subscriber, personally appeared Gil/ M �� 0/3 ��L/f1 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 , fAleko f, that he knows said�2��/�so.✓ ANC ToR/ 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 LL�t vim /� �y « at the same time subscribed name as witness thereto. �G _���%� EMATA#Y. UJA49 Notary public, State of New Yorb- No. 55-0254000 QuaMed in Tompkins Counts Term Expires March 30, 19V STATEOF -------- ------------••-•-•----- SS. COUNTYOF .................................. 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