HomeMy WebLinkAbout021232-001 4091
EASEM 2NT
548
INTERMUNICIPAL WATER SYSTEM
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF LANSING
VILLAGE OF La11s1Ag..._
Property Address:
Tax Parcel Number. 47-1-22
` 1975
THIS INDENTURE made as of the 3 ST .day of gM BEyrEM
MARTIN P. CATHERWOOD and PYRAMID STRUCTURES COMPANY. INC.
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.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.stabiliution 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 facilities as are herein
described on the lands of the GRANTOR in accordance with official plans and specifications filed originally
at the office of is;e 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;zhotnatttx�lamtpfc;ti> ypy �( { pfi
xeaYec�lmt:ufmhrcx�baxx>rloc If said map cannot be accepted by the County Cler
as it ,is attached to this easement, then said map will be filed separately
concurrently herewith in the County Clerk's office.
o
n CDM
REAL ESTATE '� "SIATE OF
TRAUSFER TAXI-,- NEW YORK. * o� til rn
,.
u t.`�v L•
(1)
i i e. 548 109
Together with a temporary easement during the period of original construction ova 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 h also shown on the at-
tached
scached 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) coiutructed on said premises shall remain the prop-
erty-of and shall be under the control and supervision of the GRANTEE and such other muniLipalities 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-
tics are hereinafter set forth:
A. GRANTOR reserves the right to install paving material above,
over and across the easement herein granted, to cross and re-cross said
easement with motor vehicles of any nature or description and to park
such vehicles within the easement area. GRANTOR further reserves the
right to cross the easement with such sewer pipes, water pipes, drainage
pipes, telephone cable and any and all other utilities as are required
to serve all improvements constructed on the property described in
Schedule "A" and shall have the right to grant easements for the
installation of such utilities. Copies of proposed easements shall be
submitted to the GRANTEE for review.
g. ' As and for consideration to GRANTOR by GRANTEE for the granting
of this easement, GRANTOR reserves the right and GRANTEE hereby grants
the right to GRANTOR to obtain water in the event of written denials
of service by the Village of Lansing or its water district for both
fire protection and domestic consumption from the water transmission
main intended to be installed by GRANTEE within the easement. GRANTEE
covenants that it intends to install an 18 inch by 18 inch tee for a
"blow off" hydrant within the easement hereby granted and agrees that
GRANTOR shall have the right to attach a suction pump at that location
to be used in the event of such written denial of service. Such con—
nection shall be only for the purpose of providing water to the said
. property described in Schedule "A". Water so consumed shall be metered
and shall be paid 'for at the rate established by the Commission for the
consumption of water and in accordance with the rules, regulations and
laws adopted by the GRANTEE regulating the collection of water rates
and charges for. the use of water and the enforcement of such rules,
regulations, and laws. (See continuation at Note 1 below.)
C. No work shall be done by the GRANTOR in the exercise of the
rights reserved by the aforesaid paragraphs to the GRANTOR or by the
holder of any subsequent easement granted by the GRANTOR as permitted
in the aforesaid paragraphs unless there shall first have been filed
an application with the Southern Cayuga Lake Intermunicipal Water
Commission (herein also referred to as Commission) atleast
se en da s
prior to the commence-went of any such work, which app
t21
548 Fats 110
accompanied by plans and specifications for such work. All such work
shall be done under such supervision by an agent of the Commission as
the Commission may require, the cost of such supervision to be borne
by the GRANTEE. The intention of this paragraph is to provide a method
for the GRANTEE to review plans for such work in order to protect the
transmission main or appurtenant facilities against damage and to pre-
vent any impairment or cessation of the operation of the transmission
main or appurtenant facilities. The foregoing procedures shall continue
until such time as the GRANTEE adopts uniform rules and regulations re-
garding any work done within the area of any easement held by the GPANTEE
which rules and regulations will be substantially similar to the fore-
going procedures.
D. The GRANTOR will be liable for any damage caused to the
GRANTEE'S transmission main and other facilities in the exercise of
the rights reserved by the GRANTOR hereunder. The GRANTOR agrees to
save and hold harmless the GRANTEE and the several municipalities com-
prising the GRANTEE; their successors and assigns, from any and all costs,
expenses, actions and liabilities which the said GRANTEE and municipali-
ties may incur because of any act of the GRANTOR, his agents, employees,
contractors and invitees acting in behalf of the GRANTOR under operations
or work conducted under the rights reserved to the GRANTOR by this ease-
ment.
Note 1. It is further provided, however, that the period during which
water will be available to the GRANTOR under the provisions of
this paragraph shall be limited to the period commencing on the
date when water in the transmission main shall be made available
for public consumption and terminating on December .31, 1978, at
midnight. After December 31, 1978, the right of the GRANTOR •to
water from the aforesaid connectiorl shall automatically terminate
and the GRANTEE may, upon ten (10) days' notice to the GRANTOR,
disconnect water service at the aforesaid connection.
Note 2. Pyramid Structures Company, Inc. joins in this instrument as, holder of
an option on the premises covered by this easement.
(3)
SCHEDULE "A" 1'N�.' 548 tit
Description of Property
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Lansing,
County of Tompkins, State of New York, being the parcel of land owned by
Karl D. and Molly E. Butler (part of land described in Book 273 of Deeds,.
Page 235) consisting of 46.16 acres of land, more or less, part of Tax
Parcel 47-1-17.2 and a parcel. of land owned by Martin P. Catherwood (part
of land described in Book 350 of Deeds at Pagd 291, 33.22 acres of land,
Tax Map Parcel 47-1-22) , which Catherwood parcel is adjacent on the scuth
to the said Butler parcel and which premises are shown on the "Property
Survey Map of said Lands of Butler and Catherwood" dated March 29, 1975
made by Thomas G. Miller, Engineer and Surveyor, amended July 24, 1975
and August 1, 1975, a copy of which has been filed with the Clerk of the
Southern Cayuga Lake Intermunicipal Water Commission at the Town Offices
. of the Town of Ithaca at 126 East Seneca Street, Ithaca, New York, and
which premises are. substantially described as follows: Beginning at a
pipe in the northerly line of New York State Route 13 at the southeasterly
corner of lands reputedly of Bangs, which pipe is 12 ft. east from a con-
crete monument; thence northerly along an old fence about 1146.7 ft. to
an existing pipe, said course running along a west boundary of. said Cather-
wood lands; continuirig thence north along an old fence along the west
boundary of said 'B u.. t 1 erlands approximately 750 ft. to a point; thence
north 870 54' east about 503.2 ft. to a point; thence continuing along the
same course about 358.1 ft. to a point; thence on a curve to the right
about 180 ft. to a point; thence north 570 2' east 209.9 ft. to a point
in the westerly line of lands reputedly-of the Church of Latter Day Saints
(Book 442 of Deeds at page 363) ; thence south along the westerly line of
said Church lands about 100 ft. to the northwesterly corner of lands
reputedly of Meyer, Uphoff, Felch et al (Book 511 of Deeds at page 331);
thence southerly along the west line of said Meyer lands 224 ft. to a
pipe; thence north 770 58' east 538 ft. to .the center of the road; thence
southeasterly along the center of the road 504.3 ft. to a point; thence
north 880 20' west along other lands of Butler 202.3 ft. to a point;
thence north 22° 24' west 50 ft.; thence south 6.70 36' west 50 ft.;
thence north 220 24' west 248.1 ft; thence .south 80° 55' west 282.7 ft.
thence south 22° 24' east 408.5 ft. thence westerly about 152 ft. to a
pipe; thence southerly along an easterly line of said Catherwood lands
about
ew
westerly5along thetnortherly liline
of Rt.N13 tortate e
the of
i 13; thence
n
beginning.
The above parcel has been outlined in yellow on the map on file
as aforesaid.
t 548 . 112
This instrument shall bind the par" hereoi,• their distributees, personal representatives, successors and
assigns.
IN WITNESS WHEREOF. this instrument has been duly executed by the GRANTORS)
and/or..the holden of this lien
WITNESS: (sign below):
artin Catherwood
...___.__...........LS.
LS.
PANY, INC. TOWN O_ _I l .._A..... __.. . _ .........LS.
By: G� -�-t
Walter J. Sch n
STATE OF NEW YORK ) SS.:
COUNTY OF .TOMPKINS )
Q"Wdual On this a� day of nt t �^ 19 7 5 . before me, the tub}ctrber,
q
personally appeared MARTINTHERWOOD
to me personally known and known to me to be the same'person(s) describeil,in ��`�d�n b� ,;'
wh execut h in instrument,and duly actino edged to me-that he , tc Ed ibe�LzYine��c .
ai
NoW'y "blic,ytsts r,t PNS Ymk —.
IN
.a ttieY tr6�0 !�t
lJuotifiedr ua Tranptms C n - .._. ...t.•Lt r,
t'►,n; �� ,.. ,:....n v: 7 A'q ARY PUBLi
(corporate STATE OF. NEW YORK ) SS..
acknowledgement COUNTY OF ONONDAGA )
for PYRAMID On this ;31 rt- day of 19,75 before me, the subscriber,
STRUCTURES COMPANYpersrnally appeared Robert J. Cong to me personally known who, being by
INC.) me.duly sworn did depose and say that he re ides at Woodchuckhill Road,
Fayetteville, New York, that he is thejtt4,� - of PYRAMID
STRUCTURES COMPANY,- INC., the corporation escribed in, and which executed the
within 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 tat he Jsigned hjs name
thereto by like order. ;, D"i !_�WIL1JAN
STATE OF no"e.,.,.., 1h. ,..r w.. f•ft M � �\
COUNTY OF « rs,, "-e•a'•e0a NOTARY PUBLIC
(moi- On this day of so.19L , before me, the subscriber,
seenit by personally appeared ,
edm�
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.
NOTAXY PUBLIC
STATE OF 'NEW YORK ) SS.:
COUNTY OFTPKINS )
On this ?G day of �Ctt c' . 1975 , before me per-
� let sonally time WALTER J. SCHWAN
seen
rme r}onail known who, being b me duly sworn did depose and say that he resides at
08line toad, Ithaca, l�ew York S
(For Town that he is the Supervisor of the Town of Ithaca and Treasurer
of Ithaca) of the Southern Cayuga Lake Intermunicipal Water Commission and that
dtaxorfm jd=xs mtbodwhmmudxwbidxx3cr med sboab syscitxatrs8
ofxs4tixa>rpxoaEtzr�x�ttxenic ffi�ttakecs�sakbckraocomtette�dscnrdt�o�wzatacxen}S�aBntkxttaY
s8t3R�x,Y3ds�[xEcdtScr�td�aBDt+�tattmt�otxai�Z�ar�cbnx�s �4ztxsY�tax�ltHxatl4ls
3t}ttt4m*y3az4tt%K he executed this instrume�s such Supervisor and
. .
as such Treasurer. c t c� L t .f'l{ ,.'•��'ee-e,
NARY PUBLIC
EDWARD L,BERGEN
Notary Public,State of New York
No.M4w#000
Qualified to Tompkins County
Term Expiree March 30, 197
A r.w wpy of she elivinal secordod on the [1 M1 of ( ,
,' at .�35 :d«♦ •,ad uatnl"". Clerk
�q 7�