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HomeMy WebLinkAbout012266-001 z wW.WWW7 .; LIBER 50 3 .?AE 47 1 03'761 � EASEMENT FOR WATER MAIN FOR FORMER SNYDER HILL ROAD WATER DISTRICT 4 P THIS INDENTURE, made this. 1st day of March , I. 19720, between EASTERN HEIGHTS, INC,, a New York State Corporation, having its principal office for the conduct of its business at' -Ithaca; New York•(Mailing Address P.O. Box'63, Ithaca, New Yorks hereinafter referred to as the Grantor, and,THE TOWN OF ITHACA# , a•Municipal Corporation in the County of Tompkins and State of New York, hereinafter referred to as the Grantee or Town. .•' tb r WITNESSETH: That the •Grantor in consideration of the sum of One Dollar .`, ($1.00) lawful money of the United States, aid other good and valuable considerations, paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, a permanent right of way over the strip of land twenty feet in a, width, located in the Town of Ithaca, County of Tompkins and State of New York, more particularly described in the annexed Schedule A for the purpose of entering upon, constructing, operating, main- r taining, repairing and replacing a water pipeline and appurtenance � + oversaid strip of land, which water pipeline runs northerly from Snyder Hill Road to and through adjacent lands of Cornell University on the north of the Grantor's property and leading ultimately to a water tank or standpipe known as the Hungerford Hill Water Tankx now constructed on the parcel of land being acquired by the Grantee from Cornell University, and for the purpose, of ingress and egress to and from Snyder Hill Road and the said water tank, with the right to construct a roadway over said 20-foot strip for this purpose. The water pipeline has been constructed on said strip of I _ land. All improvements constructed by the Grantee shall remain the property of the Town.and under its control and supervision, bu the Grantor reserves the underlying fee title to the property y ' I ' I '•• l 7 � f p• (FV• t� � .F • r covered by said right of way, subject to the rights and privileges herein granted to the Town, and the Grantor reserves the right to use and enjoy said premises provided that such use shall not interfere with the construction, maintenance, operation or repair t of, or cause injury or damage to the improvements constructed by the Grantee pursuant to this instrument. The Town, whenever { xany work is done on the Grantor's premises, agrees that it will a restore the surface of the said premises to substantially the • !,� same condition as before such work was done, without expense to the Owner. w As part of the consideration for the granting of this f easement, it is further provided that if. the Grantor, its successo s i and assigns, shall, in the future, construct and develop a road t. t;f 60 feet in width, in accordance with Town requirements, and the Grantor wishes to include within the boundaries of said 60-foot . roadway the 20-foot strip covered by the easement granted herein, w '! the Town agrees that it will accept title to such a street, the 1 westernmost or easternmost part of which, at the option of the i. � Grantor, shall include the 20-foot strip covered by this easementl + i the intention of this provision is that the said 20-foot strip �l • �_yi may, at the option of the Grantor, be included as part of any 60- foot street which may be constructed and dedicated to the Town in l ,. j � w y the future. or covenants that it is seized of said premises in � I The Grant ffee simple and has a good right to convey the same. The Grantor further covenants that it has not done or I � F ' I suffered•anything whereby the said premises have been encumbered rti in any way whatever* t i, MER 503 PAGE 479 / -2- 4 t n..'��i' `•�•"!':�t•g•n•T r '.[a+T+!�i,s-r s rot'""'F'.,' 'i i."..'t,1:': i _ .r♦. ° '!. r • w y t" USER 50'3 PAGE 480• The Town of Ithaca, for itself, its successors and assigns, hereby covenants that the said Town will save and hold ' harmless EASTERN HEIGHTS, INC., the Grantor herein, its successors ` ! and assigns, from any and all cost, damages or liabilities it mays`. ,i incur because of any act or negligence of the said Town, its officers, employees, agents, contractors or invitees, resulting `.. from or arising out of the use, operation, maintenance, repair � r `: or otherwise of the lands covered by this easement and the improve Monts constructed and maintained pursuant thereto. wn t. j. i 7 � 1I i i 1 ff I 1 1 .� m3r i �r -.....i:.....w.+�.,,,,.�..-_.,,.'_ ...�:+..,..—..+.w...................+.�....,.,......--...,...:r"....«+ ...»•............+....wyr•+-++.woo........, .....•.-.r......«... , 11 4,M + +z .SCHEDULE A t� DESCRIPTION OF EASEMENT GRANTED BY EASTERN HEIGHTS, INC. TO TOWN F OF ITHACA FOR WATER TANK FOR FORMER SNYDER HILL ROAD WATER DISTRICT i The easement granted is over a strip of land 20 feet in width located in the Town of Ithaca, County of Tompkins and State of New York, more particularly shown on the "Boundary Map Hungerford Hill Water Tower, Snyder Hill Road Water District, Town of Ithaca, New York", made by John S. MacNeill, Jr., Consulting Engineer and Land Surveyor, dated June 25, 1970, and filed in the ie �t. Tompkins County Clerk's Office on the3 Vd day of 7 197 , according to which map said 20-foot strip is bounded and described as follows: Beginning at a point in the northerly line of Snyder Hill Road, located north 590 49' west 192.04 feet from the intersection of said north.'line with the division line between the Towns of Ithaca and Dryden; thence north 26. 24' 23" east 136. 8ti feet= thence north 7. 6' 28." east 1101.69 feet to an existing fenc fi ai and gate along the north line of the lands of Eastern Heights, Inc, ? thence north 829 53' west 20.001 feet along the fence line marking the northerly line of said Eastern Heights, Inc. land; thence ' south 70 6' 28" west 1098.29 feet to a point; thence south 26. 24' 13" east 131.96 feet to the north line of Snyder Hill Road; thence ' z: .� south 59' 49' east along the northerly line of Snyder Hill Road 20.0 feet to the point or place of beginning. = I fx R f F L*ER 5G3 PAGE 481 a ; r a r t. Wt LIBER Su 3 SAGE 482 t tl�t fy•t 4�V {�f � , 1 c Y,r. f11 IN WITNESS WHEREOF, the Grantor has duly exVi f instrument as of the day and year first above written •. ,,,� r r HAS %GHT BY t' +, asLreasur (Affix Corporate Seal} H WN F I CA asZeta r r STATE OF NEW YORK !X ; COUNTY OF TOMPKINSs . . . • 1972, before me 'i.. • On the ',17th day of " 'March . . � I 1 _ ` personally came • •T. •S. Go dbera to me known, who being by me duly sworn, did depose and say that he resides at "Went Uolsnd Road- i New Yor t that he is the of Eastern Heights, Inc. the corporation described in and which executed the above ` instruments that he knows the seal of said corporation] that the 7 seal affixed to said instrument is such corporate seals that it was so affixed by order of the Board of Directors of said 1 signed his name thereto by like order, 17 t oo�eporation, and that he gn OTARY PUBLIC >�KD" t*"Puft State el Now Yak , Wo,50.09397% i V. ou�d�s«»�. Cowwnt�eloe 4pMN MaeA 8q,/99/,i , •IIIA+.11.1' 17 • 11�{w I 1 t 1 1 I .wfy�..aFl.rriw'..'y.�..Y'.w+r.wr..r.r�+w+.w�r�.rwrw.w+`r......w.ww.r.r..�......w..r,.«...w,«..•.. ..w•i�....... ww........_....u..u..s. •+MR�.r..r.....�.................. ;I,...,v..� UWSTATS OF NEN YORK s COUNTY OF TOIPKINS s f: On this '' any of March, 1972, before me, the subscriber, personally appeared wAXMZR SCHWAN , to me known, who being by me duly sworn, did depose and say that he resides at the Town of Ithaca, County of Tompkins, State of New Yorky thatN. he isthe Supervisor of the Town of Ithaca, the municipality described in and which executed the above instruments that he is authorized as such Supervisor to execute this instrument. NOTARY IPUBX&ZC S, i.. ..... :, REAL ESTATE STATE OF * 1<w t*�a r�axtrY,xk Nf1N YORK * } liot• ggw.g �j4�siv3 1 _ TRANSFER TAX tE Vol.o1 • ..00. 0D1r"� - - -. �. .,fig r� �. 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