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HomeMy WebLinkAbout021234-001 �,l�r'oAn�o 4080 -7_w IJFt.' 548 FADE its EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF _......................._...... _____.._......._.._ VILLAGE OF ....__�C.fV d 'q C-•!✓�►'s Property Address: Tax Parcel Number: 8� 1 THIS INDENTURE trade as of the ..7th...... day of_ __. July IS?,jBETWEEN ERIK THORBECK t I referred to as the GRANTOR.and the TOWN OF ITHACA. a mu ticipal corporation in the County of Tompkins,New York herein also referred to as GRANTEE, as the Agent !Municipality, acting its 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 municiptlides (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 litres 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 j an interest in real property where the water transmission pipe line or lines and appurter.ances or other facilities i must cross or encroach upon private property for the above reasons, i NOW,THEREFORE, said GRANTOR in consideration of the benefits to accrue both community wide i 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► c 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 the Town Clerk of the Town of Ithaca; the width of the right-of-way and the approximate lova- tion of the center line are shown on the attached map; the center line of the pipe as actually laid shall be the 1. anter line of the rightof-way, EASEMENT MAP E82 {tav i►•.p The GRANTOR shall not cut any tree abeve. a diameter of 8 inches Al' 114pz except for dead trees or as marked by mutual agreement. The GRANTOR { agrees to cut down a few specially marked dead trees and prepare them for firewood. •e o y n REAL ESTATE '' 'STATE OF c" 'T'1 .e T(3ANSfEfttRX _;! ; L � YORK ' ; �� .� Z r � �`-' Io,p,�zJe !tt :•ts�•' '` Q Q, t� (j ti, CD C-) � rn �z = c m� { I { f ' ii � I 54.8 iff 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 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 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 arty 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. f erty or failure to restore the same properly. j Additional provisions,deed references,property descriptions (if desired),and description of additional facili. 9 ties are hereinafter set forth: i c 1 vee 548 ..-ACE it8 A y ? W Z Q�l L11 = >Opel Z W rj aQ1.H '1S�X3 d I, () V' 0 V Ud Z MOS 7Nns o ' 27 L ° W w ll w tl F, � � W I 1 8 s _ S ►' Z 3 � v1 � � � N wCT OL PY gOLr CO _ Li S37clvw �-- /r•Mw AbOHJ1HxL� N � r�r aow 8 f!�C\� f N O � 0` , • 3N,4 VW ,poi �bb�M�„or LL, Df iIL nI ►- 7 0 o h wa oo � _ (y la,bjN, `1 h of o[ bi 2JA 1 f ' 4 1 W in --tic fft W • Z O Q J h Q0 m � ww � Q ! o °t J d< 4 a 3 to s 548 R9 This instrmnent shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has;been duly exed by the GRANTORS) and/or the holders of this lien WITNESS: (sign below 0.�............ ......- ........... ..............................................-L.S. .......................................................................................ILS. .................................................................................L.S. .................................................................. L.S. STATE OF SS.: COUNTY OF (Individual On this day of 19, before me, the,subscriber, Acknowleft- personally appeared ment) 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 SS.: COUNTY OF (Individual On this day of 19, before me, the subscriber, adnowledg- personally appeared Ment) 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 SS.: COUNTY OF (Acknowledg- On this 2 W day of before me, the subscriber, went by personally appeared subscribing 1z 0 1/ 4 �114 Ale '6—ZV1.7 the subscribing witness to the foregoing instrument, to me per"ly kno who being by me duly sworn, did depose and say that he resides at �AWL-'f' 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 �irn execute the same; and that he, said Alq 1116,ve I at the same time subscribed his name as witness thereto. .0 44c- ................... ............... OT4y%XRU19ERGEN Notary Public.State of New Yor) STATE OF SS.: No.Ss-o2sM COUNTY OF in Tompkins Coun It (Corporate On this day of 19 before me Per- acknowledg- sonally came mens) to me personally known who,being by me duly sworn did depose and say that he resides at of that he is the 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. #so* apy of the original recorded on the day of and examined. Clerk