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HomeMy WebLinkAbout021765-0011 • 1 + o 5110 U/ Ire EASEMENT INTERMUNICIPAL WATER SYSTEM LIBth 549 PACE 383 PROPERTY LOCATION: TOMPKINS OOUNTY: TOWN OF Lansing VILLAGE OF Property Address: Tax Parcel Nttmbe, 42-1-37.Z V v/ 1975 THIS INDENTURE made as of the _.17th day of January BETWEEN Estate of Lucie G. Bolton, c/o Tompkins'County Trust Company, Ithaca, New York ! 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 refected 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, i 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; XliicX&X&x7GSd%K=qXPX3CSXdt]fldlillC=X"}43fe= liifl{1ii FiiL gx aW�, which map is entitled "Easement Map No. 1—B for water transmission main over lands of Lucie Bolton estate, Town of Lansing, Tompkins County, New York" dated July 12, 1974, revised July 25, 1974 made by Lozier Engineers, Inc. and Thomas G. Miller, Engineer, a copy of which is attached hereto and made a part hereof. Description of 40 ft. Permanent Easement: The 40 ft. easement is granted over a parcel of land described as follows: Beginning at a point in the south line of lands owned by Lucie G. Bolton, now deceased, which south line is also the north line of lands now or formerly owned by William I. Myers (Tax Parcel 46-1-46.2) which point of beginning is located 58 ft.) more or less westerly from the intersection of said south line of the Lucie G. Borton lands with a base line as shown on said map, and which point of intersection of i said base line with the said division line between lands of Myers and Bolton is located 992 feet more or less, westerly from the center line of the present pavement of New York State Route 34 ( East Shore Drive)t thence north 1° 50' west 325 feet to a point located 20 feet westerly from said base lined thence north 140 15' west 178 feet, more or less to 'the southerly line of the proposed Bolton Roads _ * See neat Page for continuation i �i unw 549 FACE 384 Together with a temporary easement during the period of original construction over so much of the awnees 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 lies (a) on the above premises shall 0011- • ' stitute a release from any such lien (s) of the easement granted hereby: . REAL XSTATE TRANSFER TAX .- n lzx:~Lr.G ufCIB1t ���e � lJ ` • The water main and appurtenances (or any other facilities) constructed on said premises shall remain the prop - my 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 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• ties are hereinafter set forth: *Continued from page 1 the prior two courses are the easterly boundary line of said 40 ft. permanent easement; the westerly boundary line of said 40 ft. permanent easement is a line 40 foot westerly from and parallel to the said first two courses above described; the northerly boundary line of said easement is the southerly boundary line of said proposed Bolton Road and the southerly line thereof is the said division line between the lands of Bolton on the north and Myers on the south. A 35 Foot TemporaEasement. For the duration of the period of original construction, grantor grants to the grantee a temporary easement for men and vehicles while the said water mains and appurtenances (or other facilities herein described) are being installed over a 35 foot strip bounded as follows: on the west, by the east line of the 40'foot permanent easement described above; on the east, by a line 35 feet easterly from and parallel to the east line of the 40 foot permanent easement; on the south, by the south line of the Bolton Estate property; on the nortz—1, Ty the south line of the proposed Bolton Road. 1 1 I W� 1 0 91 t C— C N -1 O d to D • p " 77 I A N 3 D• �0> mrn fi 7 �m Z 0 �o � r A ' Z� �Z°� 3 2 D t' ;.� D Am 000D Z n A Q C $A C '1 �l cZl1 () p Z T r 3 'f I L o r w I (A ZtT-6 Z Z N — C— C N -1 O d r Kirn 0 77 I A N 3 D• �0> mrn fi 7 �m �o � r� ;z Z� �Z°� 3 2 D t' ;.� D Am 000D Z n A Q C $A C '1 �l cZl1 () p Z T r 3 'f I L o r Z— _ (A ZtT-6 Z Z N — rl n pA Z O Z m in d Z z t0 A A r '° O 3 z ? eA T Z cn -:vetk 549 PACE 386 In case of discrepancy between the above •description" and the survey map, herein referred to, the bearings and distances as shown on the survey map shall control. This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) and/or4tl holders of this lien i.., t f lw (s►jaelow) Tompk'ink Count] .must Company (..........I....._ L3 -• : -��- .�, Baroid' E; -Siin""s'onfi#. xecutor ' By :....._ ................................._. y. --- L3. P A. ............................. .........._. _ _ _ _ ___ . _� E xe cut �'—'�'��� . ..:_.+ ,-..i , .::. a :. iroberf�'Z:: "WiTki'risotT_•"•�•�r�'ci�d�r .. TRUST OFFICER STATE OF COUNTY OF i (Individual- On this daiy'of -19,75 , before me. the subscriber, adurt°l"' personally appeared HAROLD Be SIMPSON to me personally known and known to me to be the same person (a) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. NOTARY PUBIIC STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) ��wl On this day of 19,75 ,before me, the subscriber, —Q>� personally appeared ROBERT L. WILKINSON 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 , ) (mmAd=mI r On this day of 19, ,'before me, the subscriber, subee itiay personally appeared sdtnea) 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; chat he, the subscribing witness, was present and saw him execute the same; and that he, said witness threco. at the same time subscribed his name as ` . NOTARY PUBLIC STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) a� 1ek sonake lly came n this ! day of .1975 ,before me per. mento, C k1OURTNEY �CeRAWFyO - t2 ii'�eyPtark Road rnftlyiaCd ��a u a He iose and saythat hetesides at Y g fights, New York that he is the Vice President and of Tompkins County Trust C any Trust Officer the corporation described in and which executed th ve Instrument; tha a kno th seal of said corporation; that the seal affixed to said Ins en is such corpo seal; at t was so affixed by order of the Board of Directors of said r ation, and th he sign is name thereto by like order. _... .._.__ .. NOTARYY PUBLIC DMZ,-,1_LU L,l.CE STEWART Notary Yuulic, State ui New York Qualified in To554507171 1 ins County Term Expires rNLirch 30,19 ),yam A hw copy of Ike wlolad mcordod ort the /--j day of - ((/ d s e9l"K ,.ttal aucocnitgi. Clerk 0 1