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HomeMy WebLinkAbout021256-001art► 548 fay 200 i061 EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ...._..._...:.._.......... _. VILLAGE OF �.t.�tvsgr►......_._x1q,1 . Property Address: N • ��.': e e w u..a. Tax Parcel Number. THIS INDENTURE made as of the ..:1 �._.... day of ....__ ... _. ___.___..___.. _._...._ .___.., 1974, BETWEEN Ca rNs� ♦ V wi��+eri'� • y 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 cr 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 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, m ceipt whereoi 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, i1- Z `V PEAL ESTATE 'VP" STAT. OF U it i 0 n nc � r- -- '—r-� tf0 Ll CA7 1 -_ C3 Va r� 0 0 1 0 1 11 �7 �.!Et 548 rA.6E 201 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- tacked map. The execetion 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: II 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 ant work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris i will be removed, the premises will be restored to auh-antially 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- ties are hereinafter set forth: i rF i lets 548 fA( 20 J 0 1 0 I I 1 • 1 548 �.1E 203 This instrument shall bind the parties herep0; tlheir distributees, personal representatives, successors and assigns. N IN WITNESS WHEREOF, this instr t has been duly executed by the GRANTOR (S) and/or the holders of this lien • `-� t•"c',�SrITNEss: (sign below): CORNELL UNIVERSITY ............... ............... _.__........ _.._._._... _ BY L.S. ............_........_._.._....._...._........._._..._...._................ LS. STATE OF ) SS.: COUNTY OF ) (Individual On this day of 19, , before me, the subscriber, aacknowledg- personally appeared me 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, acknowiedg- 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. NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) (Ackr—kdg- On this day of 19, , before me, the subscriber, meat by personally appeared subscribing witness) 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 NOTARY PUBLIC STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) (Corporate On this //t Z, day of 19 74 , before the per- acknowiedg- sonally came Arthur H. Peterson went) to me personally known who, hcing by me duly sworn did depose and say that he resides at 223 Highgate Road, Ithaca, New York that he is the Treasurer of Cornell University the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affiged � Instrument is such corporate seal; that it was :01 so affixed by order of the Boatel of resters of said Corporation, and that he signed his.name thereto by like order.~ �. ARY PUBLIC VA: ,A.k(" l� •,' `' ". .Votary t'eL:,e.: ,•r.. ,;cw Yorb _ Qushri.d in 'i'ompiina Co Term.FzpirMarch 3419 es • A r,ue %opy of the ortyinul tocerdod on d,• day of f�` f w 7 icbd� M., end *xamined. "'\ Clerk