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HomeMy WebLinkAbout019545-001 0 726 542 45 E A S E M E;P4T Yf - t INTERMUNICIPAL WATER SYSTEM ZAb PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF .....Lananq.._...,_...___.............................__. _. _. VILLAGEOF _._..._..............._........._....................._....___.._f....._ _ Property Address: Tax Parcel Number. 42-1-37.2 1975 THIS INDENTURE made as of the 3 day of Januar!,__.,.._ pear, BETWEEN • The Estate of Lucie G. Bolton, c/o Tompkins County Trust Company, Ithaca, New York t referred to as the GRANTOR,and 5 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,dre Towns of Lansing and Dr-yden, 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 successors and assigns, S WITNESSETH: WHEREAS the said municipalities hale jointly agreed to construct facilities for the said Project which include water transmission pipe lines and appurtenances which by reason of topography and grades #g in certain locations must depart from established highways in order to render proper water supply and distribu- tion service to propx:n) owners in the said municipalities, and WHEREAS the GRANTOR is the owner or has ; s' an interest in real property where the water transmission pipe line or lines and appurtenances or other facilities j must cross or cucroach upon private property for the above reasons, s NOW,1 HEREFORE,said GRANTOR in consideration of the benefits to accrue both community wide f$ and to said GRANTOR as a result of stabilization of property values and protection of health and otherwise, 6 and in further consideration of the covenants herein contained and other good and sufficient consideration,re- ceipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Agent d. Municipality,its successors and assigns forever:A permanent rightof.way to enter upon,construct,operate,main- 3 _ tain,repair and replace a water transmission pipe line and appurtenances or such other facilities as are herein described on the lands of the GRANTOR in accordance with official plans and specifications filed originally at the office of the Town Clerk of the Town of Ithaca; Ii�XJWi1f�4KN3S�f1{fG)fX�S3tX+KKN2if +3fyf�¢1h7CX03X � xttaf�6salxxxtxits�x�oxncsmaxac�sxxtitxxacialuixix�xtfn¢xxmxixxmaca�x�,f}Sexxx�t>�hixE¢xbCamcslnxxvec xt�xxllxxsxxasxa�otxx which lands are bounded and described as follows and shown on the attached map, which map is entitled "Easement Map No. 1-A for water transmission main over lands of Lucie Bolton estate, Town of Lansing, Tompkins County, New York" dated July 12, 1974, revised t� July 25, 1974 made by Lozier Engineers, Inc, and Thomas G. Miller, Engineer. The easement hereby granted is a 50 ft. permanent easement as shown on said map and is substantially described as follows: The point of beginning is in the east line of the Lehigh Valley Railroad right of way and is established as follows: a line 36 ft. southerly from and parallel to the north line of the parcel now owned by the Town of Lansing recorded in Liber 498 of Deeds at page 802 (which lies between the west line of the Lehigh Valley Railroad right of way and the shore of Cayuga Lake) is extended to the east and said line is referred to herein as the "base" line, and the point of beginning is located in the east line of said railroad right of way where said east line is intersected by a line drawn 10 ft. northerly from and parallel to said "base" line; thence from said point of beginning north 76 degrees 14 minutes east 455 feet more or less to the west line of the proposed Bolton Road as it is shown on the aforesaid map thence southerly along *See next page for continuation 1 • Le 542 PAGE 46 Together with a temporary easement during the period of original construction over so much of the owner's property as may be necessary for men and vehicles while the said water main and appurtenances (or any other facilities specifically described below) are being installed,which temporary easement is also shown on the at- tached map, which 40 ft. easement is substantially described below. xx�xxart�faaxx;K$x�flf�al�ix�x�tux�Cxo4lt�agxl�ctoxxv6xgbloxp�cxax'4�cahoxarfxao3sf�xsb�dkxonf at�tt�ixxxxilfa�clflfafx�fxtltxxi�€x{�cxsx]>t�1��lf�eaQxsrzo egflcaepgx Also together with a temporary easement during the period of original construction over so much of the owners property as may be necessary for men and vehicles while the said water main and appurtenances (or.any other facilities specifically described herein) are being installed, which temporary easement is located on the westerly side of the Lehigh Valley Railroad and is shown as the "200' temporary easement" on said map which easement is bounded on the south 'by the north line of the said lands of the Town of Lansing recorded in Book 498 of Deeds at page 802 (water intake lot), on the north by a line 2001 northerly from and parallel to the north line of said water intake lot, on the east by the westerly line of the Lehigh Valley • Railroad right of way and on the west by Cayuga Lake. The water main and appurtenances (or any other facilities) constructed on said premises shall remain the prop- erty of and shall be under the control and supervision 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 re- serves the right to use and enjoy said premises provided that such use shall not interfere with the construction, maintenance,operation or repair of,or cause injury or damage to, the water main or other facilities or appur- tenances.The GRANTEE will restrict its operations to the minimum feasible width for said right of way.When- ever any work is done on the GRANTOR'S premises,it is agreed that,without expense to the owner,all debris 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 its 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: Description of 40 Ft. Temporary Easement: Said 40 ft. temporary easement is immediately adjacent on the north to the 50 ft. permanent easement granted by the grantor to the grantee herein, the north line of said temporary easement being 40 ft. northerly from and parallel to the northerly line of the 50 ft. permanent easement and bounded on the west by the easterly line of the Lehigh Valley Railroad right of way and on the east by westerly line of a loop of the proposed Bolton Road, excepting therefrom, whatever lands, if any, have been conveyed by the grantor to the Town of Lansing for purposes of the proposed Bolton Road. *Continued from page 1 • the westerly line of the proposed Bolton Road to a point where said westerly line of Bolton Road is intersected by a line drawn 50 ft. southerly from and parallel to the northerly boundary of this parcel; thence westerly, along said line 50 ft. southerly from and parallel to the northerly line of this parcel to its intersection with the easterly line of the railroad right of way; thence northerly along the easterly line of the railroad right of way to the point of beginning. The grantors further grant to the grantee for the purposes of this easement any and all rights of any kind they may have in and to that portion of the adjacent lands of the Lehigh Valley Railroad described as follows: Bounded on the west by the east line of the water intake lot now owned by the Town of Lansing (Book 498 Deeds, page 802), on the north by the extension to the west of the line of said 50 ft. permanent easement as described hereinbefore, and on the north south by the south line of said 50 ft. permanent easement as hereinbefore described extended to the west. N REAL ESTATE STATE Of * j TRANSFER TAX '� NEW YORK * e Dept.e} — Taxation naR-1'75 :O 0. Do !.. E Fingrte •a �_ a �� �- • 542 recE 47 �4 i RD��sr�st � R1� l BOLA C,O)zo = w �y, ,Bo�To+v ESrA� I o I t 7`AX MAP P'A+2GLL- rt 42-/-37.2 ZI , I I *1 • 40�rfr./a��-n,ey o ASE inGiv T l� .50�F£RMA�/ENT 1 I � EA_EJNENT 1 ! I 2z(ozSS•Fr I � I _ _ t E'OPLTCiy ----- _ +o• ��� RGA i —i---- �!-1 ✓ALL 15 ENl— P�+r2GE2► �. i t LOT 2G0 �I o Tar+n O�L/t/�L•s+/`IJ p' U. :_ ✓„r_NT �. �n :r.�,.56C4,OZRC,BOZ C/i>'UGA LAKE 200'7�i7PO est✓ • EA-fr-1 fn^;7- , /6 coo:5r SOUTWf -IZN GAYUGA LAKE INTE(Lh-1UNIGIPA` j WATF-z commtsslop,4 i0N1PKtr�5 COUNT`{, t"EW YO1zv— EMENT MAP N'° 1-A �VEf� LANDS OF tZEV.--JULY -5, 19-14 N OFL-A r 611-3C J�t_1 /2 t974 SCALE I !CO' I L021�f2.=�G t2s,tNc. zcc+ r4r��,rc•Y i t y E) S �.�_• 542 fArf 48 - - --- ------- - Ilf=case of any discrepancy between the "description" as contained above and the survey map herein referred to, the bearings and distances as shown on the survey map shall control. A copy of the said survey map is attached hereto and filed with this easement. This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(S) and/or the holden of this lien /RX (sign below): l/ TOMPKINS�CS,0UNTY TRUST COMPANY a � ' �r X old -Sim so/, Exe utor J Exeonto8r LS. QQ 1.`c VICE PRE51 ENT .�fl�f Bober L. it inson Executor ` - TRUST OFFICER STATE OF rev^ ) SS.: COUNTY OF no (Individual On this 2 L day of 19,75 , before me, the subscriber,ck • menowtedg ,_personally appeared • HAROL . SIMPSON to me personally known and known to me to be the same rson(s) described in and each of whom executed the within instrument,and duly actino .1 g d to me that he ex e uted the saint NOTARY PUBLIC tlllTl.t'Y^"^'IC � 1,r•JNA_ STATE OF NEW YORK ) SS.: 60:..c7 ;.;,��^ u.:.�., u:. •,.�ae.0 COUNTY OF TOMFKINS ) (Individual On this 3/n Y day of 19,75 before me, the subscriber, acknoe-ledg- personally aced mcnq a PPe ROBER L. WILKINSON to me personally known and known to me to be the same person(s) de cribed in and each of whom executed the within instrument,and duly ac ed the sate. OTA Y P BLIC STATE OF ) SS.:MMES y AYES,at, COUNTY OF ) Km ,r PL*6,st,,.a w..YA T..wk:.s car (Acknowledg- On this day of t�^tom'M"ca 366(.- , the subscriber, ubscriub bybing personally appeared s witness) 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 that he knows said to be the individual(s) described in,and who executed the foregoing instrument; that he, the • subscribing witness,was present and saw him execute the same;and that he,said at the same time subscribed his name as witness thereto. NOTARY PUBLIC STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS (Corporate On this 7� day of -7uc / 19 75 ,before me per- acknowledg- sonally came mrnt) COURTNEY C ORD to me personally known who,being by duly sworn did depose and say that he resides at 210 White Park Road, Ith ca, Cayuga Heights, New York that he is the Vice President and Of Tompkins County Trust Ctxflpany Trust Officer the corporation described in and which executed the above Instrument;th t h4knowst of said corporation;that the seal affixed to said instrunirnt is such co to so affixed by order of the Board of Directors of id Co poration,and t hethereto by like order. NOTARY PUBL 1 rrvt i:w- .ra At_rac a;lt 19]3— • • I,e , 542 rri 49 STATE AF FLORID. COUNTY OF BROWARD INTERIM COUNTY ADAINISTRATOR L ROBERT R. KAUTH, in and for the aforesaid State and County, the some being a Court of j Record and having o seal,do hereby certify that Pamela J. Hinson whose name is signed to the foregoing acknowledgment or proof,is a NOTARY PUBLIC in and for said State and County, duly commi!sioned end sworn and qualified to act as such Notary Public and was of the time of taking such ocknowledg. mentor proof authorized by the lows of Florida to take acknowledgments of deeds and other instruments in writing;and fur!her that I am well acquainted with the handwriting of such NOTARY PUBLIC, and verily believe the signature to the above acknowledgment or proof to be the genuine handwriting of such NOTARY PUBLIC. 27th January 75 'fitness ny hand and seal this day of 19_ 3 ROBERT R. KAUTH, INTERT_M COUNTY ADMINISTRATOR -` By C. Fore #C-43 fi • .f th..rlpinol —d".n a.. d.y d j � t) 7 at o'cloc and.stamin.l. CIvrk • i