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HomeMy WebLinkAbout018567-001 t� Meth 534 rACE 001 EASEMENT 421.2 INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION:TOMPKINS COUNTY TOWN OF LINks VILIAGE OF Prop"Addres 14 64 East Shore Drive. Tax Pared Numb— 42 1—48' - �. THIS INDENTURE made as of the t3 day OI 1474, BETWEEN E84atd T. Crench - and Virginia H. Crendt referred to as the GRANTOR.and the TOWN OF ITHACA.a municipal corporation in the County of Tompkins,New York,herein also referred to as GRANTEE,as the Agent Municipality.acting in behalf of itself,the Towns of Lansing and Drydem the Village of Cayuga Heights and other municipalities,all or such as will be jointly associated in the Project to obtain a water supply from Cayuga Lake for lands in said municipalities (sometimes referred to as the Bolton Point Water Supply Project),its or their sue essan and assigns, [ WITNESSETH:gg IVEREAS the said municipalities have jointly agreed to construct facilities for the said Project which includd\vater transmission pipe lino=doqgaaaaom=which by reason of topography and grade in certain locations must depart from established highways in order to render proper water supply and distribu, tion service to property owners in the said municipalities,and WHEREAS the GRANTOR is the owner or has an interest in real property where the water transmission p:pe line must cross or encroach upon private property for the above reasons. I NOW,THEREFORE,said GRANTOR in consideration of the benefits to accrue both community wide _ and to said GRANTOR as a result of stabilization of property values and protection of health and othetwiw, and in further consideration of the covenants herein contained and other good and sufficient consideration,res ceipt whereof is hereby acknowledged,does hereby grant and convey to said Town of Ithaca, as such Agent Municipality,its successors and assigns forever:A permanent right-of-way-to enter upon,construct,operate,main. tain,repair and replace a water transmission pipe line as is herein described on the lands of the GRANTOR in accordance with official plans and specifications filed originally at the office of the Town Clem of the Town of Ithaca;the width of the right-of-way and the approximate lon- tion of the center line are shown on the attached map;the center line of the pipe as actually laid shall be the anter line of the tightof-way. As sham on Easement Map Nil. -3 1 by: Lozier Enginews Inc. 10 Gibbs St. Rodm tw, N. Y. 14604 dated May 23, 3.974 REAL ESTATE STATE Of 4. TRANSFER TAX - L:EW YORK ptpt.of txt t 7R Q gfifl st ei Bosco t z _ VKH 534 CAGE 002 Together with a tempoeaty easement daring the Period of Orkitruction ova so conch d the ovroa's d consE property as may be necessary for men arra vehicle while the said water mainzFA i are being iostalkd,which temporary easement it also shoos oa the as. tallied sap The execution of this instrument by a party holding the[ollowlug lien(s) on the above premier shall eon• , stitute a release from any inch lien(a) of the easetoeot V=sed hereby: j The water main constructed on said premises shall remain the pop erty of and shall be under the control and supisrvisirnt of the GRANTEE and such other municipalities as may be associated in the Project,but the GRANTOR (1)-reserves the underlying fee title to said property covered by said right-of-way,subject to the rights and privileges herein granted to the GRANTEE,and (2) GRANTOR m i serves the right to use and enjoy said premises provided that such use shall not interfere with the construction, j maintenance,operation or repair of,or cause injury or damage to. the water main. i omThe GRANTEE will restrict its operations to the minimum feast width for said right of way.When mmas. ever any work is done on the GRANTOR'S premises,it is agreed that.without expense to the owner,all debris 1 will be removed,the premises will be restored to substantially the same condition they were in before such work was done;the GRANTOR shall give prompt notice to the GRANTEE or agents of any damage to the prop erty or failure to restore the same properly. Additional provisions,deed references,property descriptions'(if desired),and description of additional facili- ties are hereinafter set forth: The following provisions shall prevail with this Easement MRP NO. 3 i 1. Permar)ent Easement — Parcel 1 } (a) 20 ft in width; 13, 475 S.F.+ (b) The G antee has the right to cross the Saasement with roads and above or below ground utility lines or oonduQts including electricity, meter, gas, sewer, drainage, or other service necessary for land use development. (c) Nothing in the granting of this easement will iugede or constrain fissure ! land development of Tax Map Parcel No. 42 - 1- 48— (d) Both the Temporary and Permanent Easemhmrtts shall be restored to the Grwitees satisfaction within reason. This will include the placement of at least 5 inches of topsoil over the primary trend[ and arty other regions or ruts disturbed by construction equipment. This will also include the planting of s 75 trees, each being at least 5 ft. high- This land restcrati.on Will be completed within one year of pipe installation. 1 (e) The purpose of the Permanent Easement is for the water main only. � . 1 (f) The water main installation will not involve clear cutting of trees throughout the Permanent and Temporary Easements. Father, clear cutting Will be confined to the D.mediate vicinity of the pipeline and other tree cutting will be held to a minimum as described by.Mr. W. R. O'Boyle, y 2. In reference to the two 24 inert discharge pipes west of the proposed tram al ssian main, this shall be a 25 foot permanent easeoctt. (a) Restoration shall conform to paregrwph (d) above: • i �..cal �Y{ .. .. uaEe 534 WE 003 it Ali TA s T f B�' �• 'VA tit n rq Pi rr Tr r • m VO Nzq O -nr D v Z _� o' • . N � ,o X10 m 3 � ,� Z3 •u' DD AN U n nAC �`"� $ y-.&V\ r mX 203 7- c ns' '' �� L N lo z p r o 8 �LT7_�`� ro-t m n t9 o A 3 - a.A� V :L�IJ y n rn � Z D Z3.3 � A�o- rq Z 71 1 t u�Er 534 PACE 004 This instrument shall bind the parties hereto, their distributees,personal reptesentatirea; wiemesasa,cod. assigns. IN WITNESS WHEREOF,this itnttutn ut has been duly executed by the GRANTOR(S) and/or the holders of this lien WITNESS: (sign below): r L Tfs L& - STATE OF 1111J. - COUNTY OF as On this day of 19, .before toe,the subscribm meat) personally appeared to me personally known and known to me to be the same person(s) described in and each of whom executed the within instrument,and duly acknowledged to me that he executed the arse i NOTARY PUBLIC i i STATE OF COUNTY OF ) ` pndiviauat On this day of 19, .before ase,the mv bscrib . f atsnowkdf- personally appeared - meat) to me personally known and known to we to be the same person(s) described in and cub of whom executed the within instrument.and duly acknowledged to me that he executed the same. NOTARY.PUSLTC } STATE OF COUNTY OF�%J% VL 1a8 ) (edinovtrd�- On this day of Cs 'e..(Iw MIN.before coq the subscriber. Personally appeared �1��1 M. Q.G1►oa�b. the subscribing witness to the foregoing instrument, to me personally known,who being by me duly sworn,did depose and say that he resides at *.o& jSwwet 1wnn /AVL ��t.Mw` asp►. that he knows said -&.J.r ewes.` 16 CIO—Mi. to be the individual(s) described in,and who executed the foregoing instrument;that be,the subscribing witness,was present and saw him execute the same,and that be,raid ClsaaLLL:/ t-,,siosai• .at the acme tithe subscribed las name as wines thereto. All MANY PUBLIC,STATE Or NEW Y� STATE OF ) SL: L QtM.FKB Y OPTCNESS COUNTY' - - COUNTY OF ) uMttxss,oN ExPIAM Ku"so. ic„pawse On this day of .19 .before me per, tda -adw- tonally Came to me personally known who.being by me duly sworn did depose and say that be reside at that he is the of the corporation described in and which executed the above Instrument;that he knows the atsl of said corporation;that the seal affixed to said Instrument is such corporate NO;that it was so affixed by order of the Board of Directors of said Corporation,and that he signed his nase thereto by flue order. NOTARY PUBLIC A true copy of the original recorded an the IST day of 43 13 o dock IP M and exam;cod. Clerk ' T