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HomeMy WebLinkAbout021229-001 ,,P<< 548 °: 92 IgREc�o�o.�o �o o 4088 EASEMENT j INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF .......... VILLAGE OF .... .._.._. Property Addreu. L 7;:_c e v/ G 4.e A.= Tax Parcel Number 5.3 l 7r THIS INDENTURE made as of the.....L.."....a........day of_. v tJST -....-.-...... 19". BETWEEN �. i CADL V �. ► mss G�� ,5 ca✓n 1 t �S J referred to u 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 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 j 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 E 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 upcn,construct,operate,main- twin, 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, REAL ESTATE Sf11TE ylt Cl) o TRANSFER TAX :' FW YQRK M-13m --�-� "+ s C Ln { I 1' 548 ; 93 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 shottm 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 is 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 relmir 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 will be removed•the premises will he 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 provision!,deed references,property descriptions (if desired),and description of additional facili- ties are hereinafter set forth: 1. All trees shall bQ protected from damage. If any trees die within a period of five years (within easement area or as a result of construction) they will be replaced with like trees of reasonable market value. 2. All construction involving noise will be done on Saturday, Sunday or Mondays only. f i i I 548 F+LE 94 Qi p n� J,A SN Ol �00 mrn � LA • T �'yLA p Z A it y U U q .0 v L It o Fl (" ,1, lot", O � Z ' Z d,,,, I � F r r i • 8 e 548 -+ : 95 This instrument shall bind the parties hereto, their distributees, personal representatives, sucoessors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(S) i and/or the holders of this lien WITNESS: (sig .low _.............._..._._........ /r �` u`.... ................. . LS... ... ........ ...................... :�.. r • t _.._......r.............:............................................_.........._....................LS. _........................................_.........._................__.................LS. STATE OF ) SS.: COUNTY OF ) (Individual went) On this day of 19, , before me, the subscriber, .Ckwenpersonally appeared q . to me personally known and known to me to be the same person(s) described in and each of r whom executed the within instrument,and duly acknowledged to me that he executed the same. ..............................:.............................._..................._................_.......... NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) (IndividOn this day of 19, before me, the subscriber, ad r'O*Iual s' personally appeared went) 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. m I ....._.........._..r.........................................................................._................_...._._ i NOTARY PUBLICSTATE OF i SS.: COUNTY O�Onl'4 ) (Acknowled`. On this /07-71'/ day of , e"--'re"?, / 1 75 , before me, the subscriber, ng personally appeared /� Z4 (//,S A& 6 4D W'q ✓ t tdtner) I the subscribing witness to the foregoing instrument, to me a0llyl�n,,who being me duly sworn, did depose and.say that he resides at y� 1i AN1/H�j. that he knows said Ane•t///•t�fS �Gu+P o�•'�?R t' /JNLS l 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 # �Jj66WRD ✓ L/4 "'an6Ne , at the same time subscribed his name as witness thereto. NOT�' BLIC 4 BERGEN Notary Public,State of New York STATE OF ) S'S" fled in T m County COUNTY OF ) arm Expires March 30, 1977 to On this day of , 19 ,before 91per. � aled,T• sonaily came went) 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 A►rue"Py of the edylnul,ecerded on the stay of , et 35 *'Cleckfm..and eaeminspd. Clerk # `1 I