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HomeMy WebLinkAbout021245-0011 1 • 1 �CtLOrstlls�, �•� =073 i ���► 548 rAcc 159 EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF rfHWA VILLAGE OF....._.. ..Ot._ u..+ttii►..........._.kaX,;�_ts . Property Address: ``, Ow 19". Tax Parcel Number: 1//975 THIS INDENTURE made as of the ...._8th_......... day of _.�..:T�� ___._._....,�I BETWEEN referred to as the GRANTOR, and the TQWN 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 watcr supply and distribu- tion service to property owners in the said municipalities. and WHEREAS the GRANTOR is the owner or has an interest in re31 prOFcrty 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 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, •i O REAL ESTATE '"' STATE OF v' TRANSFER iAX:" �ri;4`> 1COS!{ } c' OCT 1Cer,•L! r•R'1 `' L=°' _ Q Q. d 0 * -ten c' s- N m TO t.11 r 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 anyother 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 coveted by said rightof-way, subject to the rights and pr;vileges herein granted to the GRANTEE, and (2) GRANTOR re- serves the right to use and enjoy said premises -eenerA w. The GRANTEE will restrict its operations to the minimum feasible wic:th 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 a;ents 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 are hereinafter set forth: In the event that it becomes necessary for the Grantor to have any pipe or main or appurtenances moved, then the expense of any moving or reconstruction of any pipe water main or appg1%enances sha71 be at the expense of the Grantee. #0 r 1 U 1 L7- 0 1 0 1 3 N Ui Lin r-- •, .f c� ; `" Wpd-, .t v � — '. - ca a a U �ULi v. 3 N Ui 548 •, .f i6t ; v. -- �l f.1 I , '4 •, 1111 i- 1, t'. r lot ✓ to �j 3 N Ui 548 FK1 162 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. 1N WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) and/or the holders of this lien WITNESS: (sign below): f STATE OF NEE Yink 1 ) SS.:.. COUNTY OF TOI�IQIY.4 ) I� l (Itldivldwl On this 8th day of January 19, 75 before me, the subscriber, qw personally appeared T. G..Marchas, Mayors Village of Cayuga Heights, 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 acknowled=d to me that lie executed the same. ROSE M. TIERNE`L Notary puhl c, S tate of New Ycr b No..5-3..3575 Qualified in Tompkins Cdsvtv�� NOTARY PUBLIC Term Expires Idarch 30, 19L71 STATE OF ) SS-.: COUNTY OF ) (Individual On this day of 19, , before me, the subscriber, acknomment) personally appeared 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. 11 • • 1 ..... ............. .................... ..........................._....._._.._..................._ ............... NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) (Acka kdg. On this day aI 19, , before me, the subscriber, •tent by personally Y a P1xaTtd witneu) 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 fit, 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 ) (Corporate On this day of 19 before me per. sonally came to me personally known who, being by me duly swarf 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 t1Y• ♦Ytly of tlN WlyinYl n•cold•d Y/I 16• Y/ day of ktL)Yt /-, / J 1p clYcjl �M!!, assssl arcomhs�. C 1 t rk Y'cf^ U 11 • • 1