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HomeMy WebLinkAbout021233-001 j- 1#079#019 s� 548 +c 113 i EASEMENT i INTERMUNICIPAL WATER SYSTEM a•ucL VI 1,1,A C E LANSING PROPERTY LOCATION: TOMPKINS COUNTY: TOWNrOF _...._........__.._..._....__._._....._....____ Y6> AiQCK}IX+iC ..........................................................____............. .__ . Property Address: 150 Burdick Hill Road Tax Parcel Number: 42-1-53.2 THIS INDENTURE made as of the..........._...._........._day of_.._.�_Fe.b_...ruary 1975 BETWEEN......._ .....�.....__.......___._.._.. ROGER J. WILKINSON O-L% d 01 1 Ve L W 11" KUNST/ 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 QLJansinj 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 Lske 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 ' C\ 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 V 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. i ceipt whereof is hereby acknowledged, does hereby grant and conveyto said Town of Ithaca. as such Aaent Municipality,its successors and assigns forever: A permanentri t-oF_wav to enter upon,construct,operate,main- tain,repair and replace a water transmission pine 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 Ithacz.dtacxldthtand ¢�o�tncatjmd�itecxphreoa7ta4�alt7)tst7G ;A Y+�SACHOCQG2f2G}{itdt3:`rGXXM3C1{84P11Ca4KQG1l7a4t7¢�ffikp4XXp�¢1tQC]�[]�kLi?ti#X)a¢}t�XY4tX0(OCC�}f>�3CDC#tMkOCa17! ' aYfixx�kxacatgalusfcaely The easement is located on the north side of Burdick , Hill Road and runs from the west line of the grantor's property to the west line of North Triphammer Road. The width of the easement is 25 feet; j the center line of the pipe as finally laid shall be the center line of the easement; the location of the easement is substantially shown on the .sur— ` vey map entitled EASEMENT MAP NO. 120, dated February 21, 1975, made by . T. G. Miller for Southern. Cayuga Lake Intermunicipal Water Commission a copy of which is to be filed in the Tompkins County Clerk's Office cor.- currently herewith. 0 REAL ESTATE `STATE Of it Y _ TRANSFER TAXI-,�"�{�r4+A YORK * 4 f.;.j. r- _ 1J,7ti c tKt•6')S Vv1 c at 1 1 �JO. dO i yet 548 i1:4 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 ser xadtKkmvpc map referred to above. 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 (err 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 (i) 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 enioy 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 ejpgnse 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 do ne; 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- ties ars:hereinafter set forth: Clifford Lane, 1714 East Shore Drive,, has planted wheat in a portion of the easement area consisting of about acres. The grantees agree to reimburse Clifford Lane for damage to the wheat crop in the easement area based upon an estimated yield of 50 bushels per acre at the open market price as of harvest time. The grantee's attention is called to the following: 1. There are four drainage systems ,running southerly from the grantors' lands across the easement area to the highway which are either ; stone ditches or tile. It is understood that if such drainage systems are damaged in any respect within the easement area, they will be restored 1 and replaced at least by four inch orangeburg tile or its equivalent or otherwise replaced in such a manner to provide proper drainage. Grantees will consult with the grantors prior to installing any such replacements. 2. An underground television cable runs within the easement • area beginning at or near a pole at the southwesterly corner of the grantors' property and runs easterly across the. driveway to a point east of the driveway and then turns to the left and runs northerly across grantors' land. The grantees shall exercise care not to damage said- television cable and if they do, they will be responsible for the cost of restoring the same. i S t } I i e . 548 ra , ii5 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. f IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS) and/or the holders of this lien WITNESS: (sign below): ' ............... ...:......................................................................w.._.......__ .. .. G ,�.:...................... o ex J�Wilfc neon ...................................................I..........._ LS. .................................................... C .•.ffard...._La e....:....._,.. r. Y'a ..................................................L S. ........................................................._........................................,....... LS. STATE OF NEW YORK ) SS.: COUNTY OF r1 TOMPKINS ) 1 (rndi.idua! On this 2-15 r day of February 19,75 before me, the subscriber, s'}1O" g' personally appeared ROGER J. WILKINSON Qe.d d(IV-e Of. W 1 (K/43a-+ Ment) to me personalty known and known to me to be the same person(s) desc.•ibed in and each of whom executed,.he within instrument,and duly ackno ledged to me that he executed the same. ............... .....fAL, 7C , .......N�A.VIT?SCCz ti Notary F:^ �' :_t i;•w yol k STATE OF NEW YORK ) 2' N _ COUNTr'OF TOMPKINS ) J(f9 (tedi,1=. On this a�S day of February 19,75 before me, the subscriber, ad. personally appeared CLIFFORD LANE 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 dul c nowledged to me that he e�xeetcutteed the same ...........__........r.,_.....;......................... .._--••:...•••.--• :..__....._.._ �.. }VOTARY BLI(t•„,: STATE OF ) SS.: t`:: Cennty COUNTY OF ) 1'�r -:J,;9-7 y— (Adurow{eds On this day of l9, before me, the subscriber. meat by personally appeared wb"bitg witnw) 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 be, the subscribing witness, was present and saw him execute the same; and that he, said at the same time subscribed his name as j witness thereto, ............... __._._..._.............._.:........._..._.._.... __ NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) • On this day of , 19 .before me per- (Corporate ledg- sonally 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 j so affixed by order of the Board of Directors of said Corporation,and that he signed his name i thereto by like order. A ua•%opy of rho ortpinal rwcarded.n d.• day of — � s 1 �� ati<loc M.,and aaominord. Clerk