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HomeMy WebLinkAbout019546-001 0727 542 rAc. 50 EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF _............__..Lansing ........ VILLAGE OF .....—-................_........................ _._.�._._ Property Address: Tax Parcel Number- 47-4-6 THIS INDENTURE made as of the 31Lk.day of....._....710A.-II-A-7. { . 197W BETWEEN Ithaca Terrace Associates, Inc., a limited partnership, with its business office at 111 West 40th Street, New York, New York referred to as the GRANTOR and the TOWN OF ITHACA,a municipal corporation in the Count)of Tompkins,New York,herein also referred to as GRANTEE,as the Agent NlunicipalitN,acting in behalf of itself,the Towns of Lansing and Dryden, the Village of Ca)uga Heights and other municipalities, all or such as will be joint]) 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 Suppl)Project),its or their successors and assigns, WITNESSETH: A%'HEREAS the said municipalities have jointly agreed to construct facilities for the said Project which include water transmission pipe lines and appurtenances which by reason of topography and grades 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\CHEREAS the GRANTOR is the owner or has an interest in real property where the water transmission pipe line or lines and appurtenances•or other facilities ( must cross or encroach upon private property for the above reasons, !� 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 otherwise, 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 conve) to said Town of Ithaca, as such Agent Municipality,its successors and assigns forever:A permanent right-of-wa) to enter upon,construct,operate,main- 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;the width of the right-of-way and the approximate loca- tion of the center line are shown on the attached map;the center line of the pipe as actually laid shall be the center line of the right-of-way, { Map No. 101 Ilk I I r I • • 542 FADE 51 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. The execution of this instrument by a party holding the following lien(s) on the above premises shall con- stitute a release from any such lien(s) of the easement granted hereby: } • 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- scrvcs 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 clone on the GRANTOR'S premises,it is agreed that,without expense to the owner,all debris trill be removed,the premises will be restored to substantial]) the same condition they were in before such work trots done; the GRANTOR shall Rice 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 dew-ription of additional facili. ties are hereinafter set forth: REAL ESTATE -kP- STATE OF # 't-AN'SFEP.TAX�6 " t4,J� YORK # No.of {►'t # u,F.t 75 —��-'-. f • I i I t 542 ra i 52 x R�W I RN � ILL^� • 3 ~ 4r o. ol� ti U \ J H 1 � � I 542 53 This instrument shall bind the parties Nemo, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(S) and/or the holders of this lien XTHACA TuRRMM ASSOCIATES, IVC. WITNESS: (sign below): by ............- ........... ............ ;-7p-rtao" rMr ataneml ftz L26k .................... ................... ...................... ............... ............ ....................................I............ .......... ................. ................. ..................... ................................ .................- ..........................__........._....................LS. -_............ New York STATE OF Now York SS.-. COUNTY OF , (Individual On this / I ) day of 19, 73 before me, the subscriber, a&—Twig - personally appeared RAyjqDXD M tuent) to me personally known and known to me to be the same person(s) described in and each of whom executed the within instj ument,and dul I n jAc Kledged to me that he executed the same. C '0 Y PUBLIC 19 :� STATE OF SS.: COUNTY OF (Individual On this day of 19, before me, the subscriber, ackno%ledg- personally appeared mans) 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 same. NOTARY PUBLIC STATE OF SS.: COUNTY OF (Acknowledg. On this day of 19, before me, the subscriber, .ent by personally appeared subscribing 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 • atwitness thereto. the same time subscribed his name as .................-......... ..................._--................__.._._.--- NOTARY .................................... NOTARY PUBLIC STATE OF SS.: COUNTY OF On this day of 19 before me per- asonally came mmt) to me personally known who,being by me duly sworn did depose and say that he resides at that he is the of the corporation described in and which executed the above Instrument;that he knows the sea] of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation,and that he signed his name thereto by like order. .py of th.mlytn.l.—*,d.,d on -1 Mand 'lle-) - ee— r I erk