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HomeMy WebLinkAboutBF107280-001 NORTHEAST WATER DISTRICT TOWN OF ITHACA Easement for Water Main No 1 Property Owner: ROCCO P. LUCENT) Property Location: Near the northwest corner of Christopher Circle Tract, running from the water main to be laid in Christopher Circle north- erly across a ten-foot strip of land between the east and west branch of Christopher Circle and the south boundary of lands of Otto B. Schoenfeld connecting the Christopher Circle main with the main which runs east and west along the south boundary of the Schoenfeld lands . THIS AGREEMENT, made this � day of May, 1959, by and between ROCCO P. LUCENTIf, residing at 506 Warren 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 cbnstruct 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; b NOW THEREFORE, in consideration of the benefits to the commu- nity 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 CHARLES H.NEWMAN ATTORNEY AT LAW main with the necessary fixtures and appurtenances for the transmission and SAVINGS BANK BLDG. ITHACA.N.Y. `' p 417.`Q (�. I i Iff I distribution of water for public or private use upon and through the owner's property at the above-stated location in accordance with the plans and I 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 thatthe owner shall retain the fee title subject to this easement; that all opertions hereunder on owner's property shall be restricted to the minimum feasible width; that 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 adjoining highway. This agreement shall be binding upon the heirs, executors, i administrators and assigns of the owner an 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 he eto on the days and year above stated. r, ,tuill,lui/„ j7y !��• Owners TOW ITHACA . By`•'!,/'i fit- ••,•1• `• upe rvisor Attest: own CHARLES H.NEWMAN TC- lerk ATTORNEY AT LAW $AVING9 BANK BLDG. ITHACA,N.Y. , STATE OF NEW YORK ) ) ss COUNTY OF TOMPKINS ) On this 19t day of May 1959, before me, the subscribe personally appeared ROCCO LUCENTI to me personally known and known to me to be the same person (s) described in and who executed the within instrument, and_he_ acknowledged ttd me that_ he_ executed the same. Notary Public JAMES P.O'CONNOR ATE OF NEW YORK ) Notary Public,State of New York No.55.8183000 ss Qtni ied to Tompkins Coi rm Expires March 3.0,193$ c� COU Y OF TOMPKINS ) ,d. STATE OF NEW YORK ) ss COUNTY OF TOMPKINS ) On this 20 day of 1959, before me, the subscriber, personally appeared Harry N. Gordon, to me known, who, being by me duly sworn, did depose and say that he resides in the Town of Ithaca; that he is the Supervisor of the TOWN OF ITHACA, the corporation described in and which executed the above instrument; that he knows the seal of.said corporation; that the seal ffixed 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. NIADELINE W.HILL Notary Pubic,State Of New TOrli To,rrn!GnSCounty#55.9543800 Gouln,ission Expires match 30.11jeho (� Notary Public CHARLES H.NEWMAN ATTORNEY AT LAW BAVINBB BANK BLDG. ITHACA.N.Y. LIM At copy of the original recorded on the day of 1959 atao'cloc"k M., and examined. 90 Clerk.