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HomeMy WebLinkAbout020133-001 6tor, EASEMENT 1834 r TOWN OF ITHACA WATER IMPROVEMENT CODDINGTON ROAD WATER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF .2-MV09 Property Address: rl,e Cwt/l✓��i OPV /�Q Tax Parcel Number: 6— THIS INDENTURE made as of the 13 day of �j'//�//J i , 1974, BETWEEN yi l' 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, its successors and assigns, WITNESSETH: WHEREAS the said municipality has authorized the construction of facilities for the said Project which include water transmission pipe lines and appurtenances which by reason of the topography and grades in certain locations must depart from established highways in order to render proper water supply and distribution ser- vice to property owners in the said municipality, and WHEREAS 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 other- wise, and in further consideration of the covenants herein contained and other good and sufficient consideration, receipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Municipality, its successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, maintain, 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 location 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. N N nEi,i f�1,iT[ STATE OF TAy T��,^'r f n JUN•2.75 0 V. 0 V at F Fn•v rr' it { T �� r.� 545 + , 687 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 attached map. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of. the easement granted hereby: G RR'T flssOMED MQRTGAGf� OF ,pUN�.OP ��RU��o�'P�RKy � --Th - M P K I NS COU R�coRO�D tN �,i8�k 323 The water main and appurtenances (or any other facilities) con- structed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, 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 reserves 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 appurtenances. The GRANTEE will restrict its operation to the minimum feasible width for said right of way. Whenever 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 property or failure to restore the same properly. Such notice must be in writing and must be given promptly in order to enable the Town to notify the Town Engineer and the contractor, if any, who per- formed the work on the Project. Any action against the Town must be commenced within two years from the happening of the event upon which the GRANTOR'S claim is based or within such shorter statutory period as may be applicable. co Q • f'� CJT Q 0 !Co, /.. • __ ° � W O J 1 'K 13'K V ,. wo, �G C.D ' r to ,`f� Qto •Z 545 682 RELEASE OF PART OF MORTGAGED PREMISES (MORTGAGE RELEASE) THIS INDENTURE, made September 4 , 1974, BETWEEN TOMPKINS COUNTY TRUST COMPANY of 110 N. Tioga Street, Ithaca, New York, Party of the first part, and JAMES DUNLOP of 520 Coddington Road, Ithaca, New York, Party of the second part, WHEREAS, party of the first part is the holder of the following mortgage(s) recorded in the Tompkins County Clerk's Office: Date Mortgagor Amount Dated Recorded Book Page Dunlop, James $15,516.00 10/2/64 10/2/64 323 620 AND WHEREAS, the party of the first part, at the request of the party of the second part, has agreed to give up and surrender the lands hereinafter described unto the party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on said mortgage(s). NOW THIS INDENTURE WITNESSETH, that the party of the first part, in pursuance of said agreement and in consideration of One and No/100--------------------------- Dollars ($1.00 ) lawful money of the United States, paid by the party of the second part, does grant, release, and quitclaim unto the party of the second part, all that part of said mortgaged lands described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being a part of Lot No. 97 in said Town, bounded and described as follows: an easement for a water pipe line from Donald and Helen Gregg to the Town of Ithaca, dated August 13, 1974 and being recorded in the Tompkins County Clerk's Office concurrently herewith. r: 545 ; 683 TOGETHER WITH the hereditaments and appurtenances thereunto belonging: and all the right, title and interest of the party of the first part, of in and to the same, to the intent that the lands hereby released may be discharged from said mortgage, and that the rest of the land in said mortgage specified may remain mortgaged to the party of the first part as heretofore, TO HAVE AND TO HOLD the lands and premises hereby released unto the party of the second part, the heirs or successors and assigns of the second part forever, free, clear, and discharged of and from all lien and claim under and by virtue of the mortgage(s) aforesaid. If more than one person joins as party of the first part or party of the second part, • the relative provisions herein shall be read as if written in the plural and their covenants and agreements herein shall be their joint and several obligations. IN WITNESS WHEREOF, this release has been duly executed as of the day and year- first above written, LTOMPZS COUNTY TRUST COMPANY r, As:, Senior Vice President & Secretary J: J # • � 1 .............. STATE OF NEW YORK a e a COUNTY OF TOMPKINS ) ssOn the day of 19 before me personally came to me known and known to me to be the individual described in and who executed the fore- going instrument, and he acknowledged to me that he executed the same. Notary Public STATE OF NEW YORK ) ss. COUNTY,OF TOMPKINS ) On the day of 19 before me personally came to me known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. Notary Public STATE OF NEW YORK ) ss. COUNTY OF TOMPKINS ) On the 4th day of September 1974 , before me personally came JOSEPH M. HARTNETT to me known, who being by me duly sworn, did depose and say: that he resides at 1002 North Triphammer Road, Ithaca, New York that he is the Senior Vice President & Secretary of the Tompkins County Trust Company the corporation described in and which executed the above instrument; that he knows the seal 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. Notary Public Dol"l"; M. RLANCItARD Notary Public. Marc of Ncw York N" 53-(C.'13No Q"I- in Tomp:;:ns County Term Fxplr_s March 3o, 174- S 4tF 545 rac_ 664 TITLE INFORMATION FROM PROPERTY OWNERS 1. Property Owner (Full name. If more than one person has an interest in the property,state his name.Also, state nature of relationship,i.e., husband and wife,or tenants in common,parent and child,etc.) Name, Address Sc Telephone Number: 7,e13?"I �1�6IN670IVf[j Y. Property Location and Tax Parcel Number <1eGD11VC;c,V k'D 3. Indicate who has possession bf any or all of the following (cross out whichever is not applicable): Abstract of Title: —011Pj</U,5 TY / RUST 00I'll°AN1 Deed: COMU6 F` kXkl W 6'R%G Also,give following information as to recording in County Clerk's office (usually found in fronts of Deed) Book c Page Date of Recording.._e�t 3O — , Survey, Map,Sketch: 4. Name and address of any_person or institution holding a mortgage or mortgages on your property. 3. If you acquired the Property by DEED,please fill in the following: i Approximate date (give year if you can't remember month): 46,16017 From whom.purchased: jl/yJ/c-v � �/J A���� �V 401-j 6. if you inherited property,please fill in the following: Approximate date: From whom: Was there a Will? If there was no Will,was an administrator appointed? • THE ABOVE INFORMATION will be used by Municipal Officials for the purpose of preparing or verifying right.of way agreements, communications with.property owners,etc. ' 54 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and alssigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(S) and/or the holders of this lien (sign below) .. ......... ..... :..........L3. ................................................................................................................ ....,,.... ................................LS. ............... ........................................ ........................ .....................................................................................................LS. ...............................................................I............................................LS. ............................................ _.......................................LS. STATE OF SS.: COUNTY OF (Individual On this day of 19, before me, the subscriber, menledg. ipersonally 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 same. ............................................................................................... NOTARY PUBLIC STATE OF S$.: COUNTY OF (Individual On this day of 19, before me, the subscriber, ljicknowocalledg- 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 same. ........................................................................................ NOTARY PUBLIC STATE OF M,'k) YO-RV SS.: COUNTYOF r i'Acknowledg- On this day of OC-r 04 f"'' 1931 , before me, the subscriber,6=ng personally appeared , p. r iritnus) • t7,66'V0'1/1 the subscribing witness to the foregoing instrument, to me personally known, who being by me duly sworn, did de r d say that he resides at /0 3/ -rjd011,-1NN0 eo,� 64 ��'AWC11?1. 'L' 7,11PA, 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 tithe subscribed his name as witness thereto. ......................!7� NOTAI�y Notary j,t,, �RGEN I -Z- of New York STATE OF SS.: Qualiri N' COUNTY OFcrm County ell J0, 197;r— u'Corpomte On this day of 19 before me per cknowledg. sonally came local) 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 seal 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. ,#,Y ul fh*-rivinul owcorded oss 0,* -2, day of 197J AO 0'flock/f M and examinod. Clerk