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Home My WebLink AboutBF107263-001 NORTHEAST WATER DISTRICT TOWN OF ITHACA Easement for Water Main No? ............ JAMES. ... ... F. FETTER. . . ...and. ...ANNA!. . . ...EA FETTER. ............................................. Property Owner: ......................... ..... .................. ...... ...................... .................... Property Location: Along south boundary of property (north line of Hanshaw Road) westerly to intersection with east line of Kay Street • THIS AGREEMENT made this ... l% r May ................ day of....................................................................,195.....x........., by and between..........James...F.....Tetter..a.n.d..Annal.ea..Fetter.,...residing..at.................................... ......1206••Hanshaw•.Road.........................................................................................:................... Ithaca,New York, hereinafter designated as Owner, and the TOWN OF ITHACA, a municipal corporation and political subdivision of the County of Tompkins in the State of New York, acting for and on behalf of the Northeast Water District hereinafter designated as the Town. WITNESSETH: Whereas the said town is about to construct a water distribution system in and for the Northeast Water District and it is to the advantage of the community and to the owger that the mains of said water system in certain locations shall leave the established highways and cross or encroach upon private property. And whereas, the plans for said water system, which have been duly approved by the Town Board,contemplate and provide that the mains shall cross or encroach upon the property of the undersigned owner; NOW THEREFORE, in consideration of the benefits to the community at large, the benefits to the owner, and the covenants of the town herein set forth, the said owner does hereby grant and convey 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 the necessary fixtures and appurtenances for the transmission and distri- bution of water for public or private use upon and througli the owner's propeity at the above-stated location in accord- ance with the plans 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 munici- pality; 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 subject to this easement; that all operations hereunder on owner's property shall be restricted to the minimum feasible width; that the town will restore the sur- face 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 adjoining highway. This agreement shall be binding upon the heirs,executors, administrators and assigns of the owner and upon the successors and assigns of the town; IN WITNESS WHEREOF, this agreement has been executed and sealed by or on behalf of the parties hereto on the day and year above stated. .-...a...... -e: ...................... Witnesss&�• t T 'z`.{•. r' Owners TOWN 4F ITHACA Bye.. �•.-....... ................ Supervisor Attest:'... ... .. Town Clerk LIFER 4:17 FAsE x.48 TE OF NEW YORK SS:o COUNTY O PKINS Onthis.................. day of........... ................................................... .. .........;...........I.l...............1 1959, before me,the subscriber, .... personally appeared ........................................................ ...........;.. II....... ................................................, .. . to me personally known and known to me to be the same person (s--described in and who executed the within instru- ment, and ......he...... acknowledged to me that ......he......'executed the same ,r•^ e. 1 e. 1 i .... ............................................. Notary Public I li STATE OF NEW YORK SS: COUNTY OF TOMPKINS i i On this 2.Hth......... day of.............May............................................................. 1959, before me, the subscriber, came ......................I-lax:r...N...IGor.dan......:.......................................II'; the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resided at the time of the execut on of said instrument,and still resides alt.................................................................. ...................................................I.......................Ithaca....................................................................................................... Tompkins County, New York; that he is and then was acquainted with ....................................................................... JameS...F....Fetter..and,Apna..lea..Fe.t.ter......,....................................................................... and knew them to be the individuals described in and who executed the foregoing instrument; that he, the said subscribing witness, was present and saw the said individuals execute the same;and that he, said witness, at the same time subscribed his name as witness thereto. MADELINE W.HILL I Notary Public,State of New York Tcmpl ins County#55.9543800 //,,,� My Convmission Expires March 30,19.L_.0Ale ............ .................................... Notary Public I STATE OF NEW YORK SS: COUNTY OF TOMPKINS j On this ..244.......... day of ..........Max......................................................... 1959, before me, the subscriber, personally appeared Harry N. Gordon, to me known, who,being duly sworn, did depose and say.that he res ldes in fhJ T t Town of Ithaca;that he is the Supervisor of the TOWN OF ITHACA, the(corporation described in and which ex- ecuted 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 Town Board of sa corporation and that he signed his name thereto by like order. J MADELINE W.HILL Notary Putlic,State of New York 3800r4Corrnission Expires Ton.pqins Countyg55.954March 3o, M Notary Public i ' I -- - 4__ At copy of the original recorded on the day of e 1959 at q,Q,�o'doe"k M., and examined. Clerk. UUR 17 FACEI 9