HomeMy WebLinkAboutBF107272-001 NORTHEAST WATER DISTRICT
TOWN OF ITHACA
Easement or Water Main 6
f No.................
Property Owner: ..ARTHUR A.....MUKA .
.... .................and..........BETTY.......................L.........MUKA.......................................................................
Property Location: Private lane running easterly from the north end of Kay Street
between property of Irvin Fisher on the north and Arthur Muka on the south,
including extension - ;e &$ northerly
as shown on the plans.
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THIS AGREEMENT made this ......I. ........ day of..........................May................................1 195....9......,
by and between .............ARTHUR A. MUKA and BETTY L. MUKA•, we,
.......his...............if......................residin....g....
at..1.13..KaY...Street........................................................................................................................... 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 owner that the mains of said water l '
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 through the owner's property 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.
..... .. ... ......
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fir'' f, ',• Owners
', .............. ;`. . TO ITHACA
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Supervisor
Attest: . , Z �. .. .......
...
Town Clerk-
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STATE OF NEW YORK
SS:
COUNTY OF TOMPKINS
On this.....6..S......dray of...%Y ....................p............
.... Q , 1959 before me,the subscriber,
personally appeared .Gvu. c! .... ........................ ....f-...... :`'.'. ........'....................................................................,
to me personally known and known to me to be the same person (s) describd in and who executed the within instru-
ment, and ......he...... acknowledged'to me that ......he... executed the same, ..�
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QUERiNO A.ORZINO,JR.
NOTARY POBLIC,STATE OF NEW YORK r
NO.55-2977075
QUAL.IN T0:10KINS CO,: Li2Cc,,-%���
I(I . xr R.................::...
y TERM EXPIRES MARCH 30,196..9 otary PxMc
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r
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TE OF NEW YORK '
SS:
CO F TOMPKINS
On this ................ day of..'................................................................. ............1 1959,before me, the subscriber,
came .............................................. ................................................................. the subscribing witness to the foregoing
;I
instrument, with whom I am personally cquainted, who, being by me duly sworn, did depose and say that he
resided at the time of the execution of said ins ment,and still resides at..................................................................
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Tompkins County, New York; that he is and then was acquainted 'h .......................................................................
.................:..........................................................................................................:.j... ..............................................................
and knew them to be the individuals described in and who executed the foregoin instrument; that he, the said
subscribing witness, was present and saw the said individuals execute the same;and that said witness, at the same
time subscribed his name as witness thereto.
I
............................................................................................ .
Notary Public
STATE OF NEW YORK
SS:
COUNTY OF TOMPKINS
i
On this ..Za.' ..... day of...................... I............., 1959, before me, the subscriber, .
personally appeared Har N. Gordon, to me knovb'n, who,being duly sworn,did depose and say that he resides in the
P Y PP Harry P
Town of Ithaca;that he is the Supervisor of the TOWN OF ITHACA, they orporation described in and which ex-
ecuted the above instrument; that lie knows the seal of said corporation; th t the seal affixed to said instrument is
such corporate seal;that it was so affixed by order of the Town Board of said corporation and that he signed his name
thereto by like order.
I
MACHINE14.HILI ............................................W............................................
Ke,c:y Public,State o1 New York Notary Public
Tcn;:Lms County 855.9543800
my Commission Expires March 30,1!
A tr copy of the original recorded on the day of
1959 atq,�,1o'cloc"k M., and examined. .V. j $0-�
Clerk.
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