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Home My WebLink AboutBF107275-001 NORTHEAST WATER DISTRICT TOWN OF ITHACA Easement for Water Main No 5 Property Owner: Q NEY,.N;...TOBEY..and„MARY,M,...TOBBY,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Property Location: (Private lane running easterly from the north end of Kay Street between property of Wallace Washbon and wife and R. N. Tobey and wife THIS AGREEMENT made this .....1..�............day of............May...............................................195...9......., byiand between ..........RQ.ANS'rY..N1'....T..QRZY.And..MARY.M.....T�?$�X.,:..17�is..wife,..xes.iding.. at 11.. Kay....Street .... ...ay ....... ......................................................................................................................I 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 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; i 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. �— Witnes ••��"""'� Owners ;?: T 0ITHACA % ftn�; `' t� Supervisor est,T1.1 Kru > •. . . .. .............. Town Clerk k � , LIBER :1 °IlGk 1 TE OF NEW YORK SS: COUNTY O KINS On this.................. day of........... ..................................................................... 1959, before me,the subscriber, personally appeared ......................................................... ...............................:........... .......................................... .......... to me personally known and known to me to be the same person (s cribed in and who executed the within instru- ment, and ......he...... acknowledged to me that ......he...... executed the same. ..............................i.. ........................... Notary Public ! o STATE OF NEW YORK _ - • SS: COUNTY OF TOMPKINS On this..Z 0......... day of........... ...................................!............, 1959,before me,the subscriber, came ............ ..........................4..!.-..... ..................................,;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 1. resided at the time of the execution of said instrument,and still resides at, ................................................................. i Tompkins County New York; that he is then was.ac uainted with ....L..... �..� . I .......... ..................1 v.. ...��y.... .:................ ....Gt..«„r. ..... .i.........,.... . . ..... ................................... 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. I /.... ........................W....`. ......... MADELINE P!.HILLNotary Public Ncicry Public State of New York Tcn-.;kics Gcu ty;,55.9543800 My Corudssio Expires March 30,19." i I i STATE OF NEW YORK SS: COUNTY OF TOMPKINS On this ..zo ..... day of ............ ................................:.....:.�.............. 1959, before me,the subscriber, personally appeared Harry N. Gordon, to me kn n, who,being duly sworn,did depose and say that he resides in the P Y P Town of Ithaca;that he is the Supervisor of the TOWN OF ITHACA, diel 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 said corporation and that he signed his name thereto by like order. W............... .......................... Notary Public MADELINE W. ILL tJclt:ry Pubic, tate of New Yank Tmfi:{;kips Loup' „'55.9543800 /,� f Goy Con:n;ission Expires March 30,19 J - A tr copy of the original recorded on the �ay of ytiC _, 1959 at �o'cloc"k M., and examined. • Clerk. i;