HomeMy WebLinkAbout021223-001 � �► 545 f-ACL 66 4498 )
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EASEMENT .c
INTERMUNICIPAL WATER SYSTEM .
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ..._..............._.....___.__.___
VILLAGE OF
Property Address:
Tax Parcel Numbtr. 44-1-36 and 44-1-37, portion of
THIS INDENTURE made as of the day day of_..._.. March 1975_...._.__� �� BETWEEN
Jane C. Bush, now also known as Jane Horky
referred to as the GRANTOR,and
the TOWN OF ITHACA. a municipal corporation in the County of Tompkins,New York,herein f1so referred
to as GRANTEE, as the Agent Municipality, acting in behalf of itself, the Towns of Lansing and Dryden, 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,
WITNESSETH: WHEREAS 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 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 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 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 and appurtenances,or such other facil;ties 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 lthaca.,*KXjd*X=j()IXDM-K4 3t)=KXp;,'tbNia Xyjf
Y�4rKXKi't>lfJfilfrW}f 7fli>]f Yi€X�fis�3ftKdGKlhif2ti�Li2WC1hYj�}4YDf X4f�}�If�lf}f3G�fIG}C�KY1CXd{OGIIQ�}ffi�lf}E}f:IiK}f�CIC1E
Y �4K; 41fI{H�¢If�SRitf3fyX said permanent rights of way are over the two'
parcels of land described in the annexed Schedule A.
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W n U C.11 REAI ESTATE ► SUN Of 1E ,
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Y _ TRA}1SFE7 TAX?" rJNTW YORK �
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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 maps
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 bereby:
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
ass:,ciated 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-
the right to use and enjoy said premises provided that such use'shall not iuterlere 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 fojr said right of way.When-
ever any work is done on the GRANTOR'S premises, it is agreed that,without expanse to the owner, all debris
will be removed,the premises will be restored to substantially the came 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. Without limiting the foregoing it is
}r�{l4$14N1��K�X�}WGX�F�f�Cfl�}L }�lf�k34Jf1�44R�f�f�{1�}t444t4E�X�lfM13F�41f'l4R�f4�}�1�i�7Qlf���C
tlleRR'lf�fi7f1{�R�44f XX}(IZ�XIlf
understood that:
1. The Grantee will promptly replace any. sanitary sewer drainage
pipes or other drainage pipes running from the dwelling or the septic
field which may be damaged in the course of constructing the water
transmission line.. This work shall be done promptly as soon as any
damage is caused to said drainage pipe or pipes. The Grantor will
furnish immediately to the Grantee upon the execution.of this
instrument the plans pursuant to which the drainage system was
constructed and will advise the grantee of the type of drainage pipe
which was installed so that the Grantee can procure it immediately
and have it ready for installation. The work will be done to the
reasonable satisfaction of the Grantor and immediately following any
damage being done to the drainage pipe.
2. Any sidewalk which has been damaged will be restored promptly
by the Grantee.
3. All rocks and debris will be removed, the premises will be
raked clean, the damaged parts of any lawn will be reseeded in the
Spring of 1975 and if the ground, where dug, settlers materially,
top soil will be brought in and that portion which has settled will be
again reseeded.
i
I
i 1
if SCHEDULE A 1
PARCEL I.
permanent ermanent easement for the purposes described on page 1 (�
�i
ja over a strip of land 35 feet in width more particularly shown j
on the EASEMENT MAP NO. 49 For Water Transmission Main Over
Lands of J. C. Bush made by Lozier Engineers, Inc. dated
August 21, 1974, revised February 25 and February 27, 1975
and substantially bounded as follows: On the north by lands
of the Fred E. Bush Estate, Tax Parcel 44-1-38; on the west
4 by the east line of North Triphammer Road; on the south by
the north line of other lands of the Grantor, Tax Parcel
� .44-1-37, and on the east by a line 35 feet east from and.parallel
to the east line of North Triphammer Road, this parcel running
north and south for a distance of about 200 feet. i
PARCEL II. !
Being, a strip of land 35 feet in width bounded on the
north by Parcel I above, on the west by the east line of
North Triphammer Road, on the south by the Fred E. Bush Estate,
i� Tax Parcel 44-1-38, and on the east by a line 35 feet east of and
parallel to the east line of North Triphammer Road, this
i, parcel having a length of about 100 feet; more particularly
described on EASEMENT MAP NO. 50 attached hereto.
Both of the easement maps referred to above are attached
hereto and made a part hereof.
II
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548 71
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 holders of this lien
WITNESS: (sign below): i'
.............._..................................................................._._........ .
Jane C. Bush, also known ,r
..........................._..............._ as....Jar►s..liorkg...._.........._......._..__.................LS.
...................................................................._............_._ ................._........................................_................_...............................LS.
...._.........._......................................_................_........_......................LS.
................._........................................_..................................................LS.
STATE OF NEW YORL ) SS.:
COUNTY OF TOMPKINS )
(Individual On this // day of March 19,75 , before me, the subscriber,
amcenc wledg personally appeared
JANE C. BUSH also known as Jane Horky
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 acknowi ged to me that he executed the same.
�� r
11..NroA P. RPTI of at,c_.�x � ��
Votary I`u',!i:. S:.c n( i;ely Yod.._....._....._.._................
NO 57 1-
Qualifird in Tomp4ine County/ NOTARY PUBLIC
Term kzpires Idarih 3Q 19
STATE OF /) SS.:
COUNTY OF )
(Individual On this day of 19, , before me, the subscriber,
kn wleds- personally appeared
to me personally known and known to me to be the same person(a) 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 )
(Ack.ledr On this day of 19, , before me, the subscriber,
ay
personally appeared
visnas)
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(a) 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 ) SS.:
COUNTY OF )
(C«porate On this day of , 19 .before me per-
men()v sonally came
• 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.
A t.ua opy of tho orlalnoi,ocordod on 11.• ) day d
e clot M.,and aramlnod. — \ CI a rk-