HomeMy WebLinkAboutBF107250-001 i
i
i
h
i
NORTHEAST WATER DISTRICT
TOWN OF ITH CA
Easement for Water Main No. 8
Property Owner: JAMES W. DRISCOLL and ANGELA E. DRISCOLL
Property Location: Along the east bound aryl from property of Wallace
Washbon northerly to Christopher Circle. J
THIS AGREEMENT made this 15tH.day of May, 1959, by and
I
between JAMES 4V. DRISCOLL and ANGEI,,A E. DRISCOLL, his wife,
I
residing at 115 Christopher Circle, Ithaca, ew York, hereinafter designate
as Owner-, and the TOWN OF ITHACA, a mq iicipal corporation and political,
subdivision of the County of Tompkins in they State of New York, acting for
and on behalf of the Northeast Nater District hereinafter designated as the
Town.
WIINESSETH: Whereas the said town is about to construct a water
i
distribution system in and for the Northeast Nater District and it is to the
advantage of the community and to the owner .that the mains of said water
i
system in certain locations shall leave the ell tablished highways and cross
or encroach upon private property.
I '
And whereas, the plans for said w ter system, which have been
duly approved by;the Town Board, contemp.l to and provide that the mains shall
i
cross or encroach upon the property of the q dersigned owner;
NOW THEREFORE, in considerat!'on of the benefits to the community
i
at large, the benefits to the owner, and the covenants of the town herein set
forth, the said owner does hereby grant andel, onvey to the Town of Ithaca,
its successors and assigns , the right, privilege and authority to construct,
reconstruct, operate, inspect, maintain and at its pleasure remove, a water
main with with the necessary fixtures and 'ap urtenances for the transmission
and distribution of water for public or private use upon and through the
CHARLES H. NEWMAN
ATTORNEY AT LAW owner's property at the above-stated location . .in accordance with the plans
212 SAVINGS BANK BLDG.
ITHACA, N.Y.
Xft7 ._
and specifications on file at the office of the Town Clerk of the Town of
Ithaca, or at such other location as may be mutually agreed upon by said
owner and the engineer representing the town or successor municipality;
reserving, nevertheless, to the owner the use and enjoyment of the said
premises, provided that such use shall not interfere with or obstruct the
rights herein granted.
The Town hereby agrees that the owner shall retain the fee title
I
subject to this easement; that all operations hereunder on owner's property
shall be restricted to the minimum feasible width, which is hereby specified
I
to be 71 feet each side of the center of the water main. The curb box will
be installed at the westerly edge of the easement near the southeast corner
of the house, as designated by the owner, The Town will restore the
surface of the ground and landscaping to the reasonable satisfaction of the
owner; and that the owner shall be allowed to connect his water service
lateral to such water main if it is feasible and more economical to do so
as compared with taking said lateral to a water main in an adjoing highway.
The Town will assume responsibility for the repair, restoration
or replacement of any part of the building including footings and foundations,
the building contents, its fixtures and appurtenances which may be damaged
or caused to be damaged during the construction, or subsequent recon-
struction, operation, inspection, maintenance or removal of the water main,
its fixtures or appurtenances due to:
a) Physical contact by or proximity to the building, its fixtures,
or appurtenances by equipment or personnel,
b) Disturbance of existing natural surface or sub-surface
drainage.
c) Disturbance of existing support to footings or foundation walls.
d) A leak or break in the water system outside the curb box.
e) Subsidence of the building, or adjacent ground attributable
to any one or combination of the above conditions.
This agreement shall be binding upon the heirs, executors,
administrators and assigns of the owner and upon the successors and assigns
CHARLES H. NEWMAN
ATTORNEY AT LAW of the town;
212 SAVINGS BANK BLDG. d
ITHACA,N.Y. LIe,�R 411'
1
_ L
IN WITNESS WHEREOF, this ag'eement has bees executed and sealad
b or on behalf of the parties hereto on the day and year above Y P y y o e stated.
i
1 h
Witness:—a� (!•
UU
Owners
TOWN OF ITH.ACA
�{Blit,if llll�.
By 'I.
r Supervisor
-`p ^Ftt�St::R- —
�p.,; Town Cie rk
4''S3tt r3';E OF NEW FORK ) ss
6CSUNTY OF TOMPKINS )
On this 19th day of May, 1959, beforp me, theubscriber,
personally appeared Angela E. Driscoll ccl.�i4.ise�
to me personally known and known to me to be the same person (s) described
in and who executed the within instrument aid -they acknowledged to me
that they executed the same.
BRUM0 A. M_ µT,
Notary Public for the State of Nae port
ATE OF NE tV YORK ) Qual.in Tompkins Co.No.552640475
CO 'Y'OF TOMPKINS) ss dr Commission Expiros Moroi 30,19h�
STATE OF NEW YORK )
) ss
COUNTY OF TOMPKINS )
On this Lth day of1959, before me,
the subscriber, personally appeared Harry I Gordon, to me known, who,
being duly sworn, did depose and say that he resides in the Town of
Ithaca; that he is the Supervisor of the TOW q OF ITHACA, the corporation
described in and which executed the above i' strument; 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 Town Board of said
corpo ation and that he signed his name thereto by hike order.
11A INE W.NTLI
gbitly Public,State of New Yost
�cr,,pl ins County 955.9543800
I ly Commission Expires March 30,191"
A try oPy
of the original recorded on the d"of
t�we—;t959 at ��ck M., and examined.
Clerk.