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HomeMy WebLinkAbout022310-001;SSU PASS 598 Sib EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TONIPKINS COUNTY: TOWN OF VILLAGE OF Property Address: 1336 Slaterville Road, Ithaca, New York Tax Parcel Number: 60-1-34.5 Deed Reference: Deed from Archie L. Coggshall and Vera C. Coggshall to Jere D. Haas and Sharon Haas dated May 2, 1975, recorded in Liber 545 of Deedsat age 136. THIS INDENTURE made as of the _...:2 .�.__. day of _.____ 5��?��� . 197 .� BETWEEN JERE D. HAAS and SHARON HAAS, as Owners of the above described property, and ARCHIE L. COGGSHALL and VERA C. COGGSHALL, as holders of the easement reserved to them in the above referred to deed 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 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, re- ceipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Agent Afunicipality, 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 ar:: 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 tight -of -way �mtkiltxxi}sj�x�?is�teN2tdAx x�ox.�ekltxs¢ntsa�dittsxxvcocxocxtx�-ett�ttsheotxnn}�x>�x�ci�amf�aiaot�: fxxis�o�tal��cDti+�ioxtk�bx� xoa:torAiax116ad:A3dBbrckx= and its location are shown on the map entitled •Easement Map No. 63 for T9ater Transmission Main over Lands of A. Coggshall & J. Haas dated August 26, 1974, amended June.4, 1975, made for Lazier Engineers by Thomas G. Miller, Engineer and Surveyor. The original of said map is filed in the Town Clerk's Office. A photocopy of that portion of the said map which shows the easement granted hereby is attach_d hereto and made a part hereof. The 15 foot permanent easement begins at the southeast corner of the Haas properties and then runs north 150 feet along the Haas east boundary line to the northeast corner of the Haas parcel; thence northwesterly 15 feet, more or less, as shown on the map; thence southwesterly parallel to and 15 feet westerly from the Haas east boundary 150 feet, more or less, to the street line; thence southeasterly 15 feet along the street line to the point of beginning. L 0 . 1 r J �J 1 0 1 1 550 PA,E 599 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: Archie L. Coggshall and Vera C. Coggshall joined in the execution of this instrument as holders of the easement reserved to them in the aforesaid deed to Jere! D. and Sharon Haas dated May 2, 1975. The rights reserved to them in the said deed are retained but by virtue of the execution of this instrument, they are now subject to the easements granted hereby. It is understood that Jere D. and Sharon Haas by executing this; instrument also consent to the execution hereof by the said Archie and Vera Coggshall. 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 ri;hts 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 datitage 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: 1. It is agreed that if restoration of the driveway is required because of work done by the Grantee under this easement, the driveway will be restored with crushed run gravel so that it will not wash away after first rain and run-off. 2. Similarly, if any areas of the lawn are damaged, the Grantee will resod such areas. 3. None of the trees along the right of way will be damaged or removed. 4. It is understood that notwithstanding the width shown on the attached man, the width of the permanent easement within the boundaries of the property of Jere D. Haas and Sharon Haas shall be 10 feet measured from the property line and the.width of the temporary easement shall be 25 feet in width from the property line. � it �,N�. . ,.... �......�.. .. ...�.... ... .. .. .:� REAL ESTATE STATE OF x= _ TRANSFER IAXb°':::, NEW YORK .. �o' Depl.04 fl 0. *- 101allan tl4tlt6'16 C=' i fmame . MSIYiUA+V1,«X T�JM. iVH'.1iWK�iM�71?i+t}��! RISZU PAS600 Row /" 4y Sys ----rte - ' IS-'! 1 D n � � 9 - � a Q _ a rte• � '� i --0 �1 "1 Te op 71 { Fi ,. Ul 'Z T j ----rte - ' IS-'! 1 D n � � 9 - � a Q _ a rte• � '� i IS-'! 1 D n � � 9 - � a Q _ a rte• � '� i 1 • 1 0 550 FACE 6v1 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN NVITNESS <VHEREOF, this instrument has been duly executed by the GRANTORS) and/or the holders of this lien XxAWMMcX ............... sCL r � � :�-'--�" �...._ l�_t•,�''f � � /�1 � JEREE D. HAAS / Archie L. shall ........... LS. §ftkRON HAAS -- AIZ71 Vera C. Cogg 1 ----- ----- T_ 4. STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) (Individual On this day of 19, 75 , before me, the subscriber, acknoment)"�g' personally appeared JERE D. HAAS and SHARON HAAS Ment) 1ie Y PPe . to me personally mown 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 NEW YORK ) SS.: COUNTY OF TOMPKINS ) (Individual On this .2-J day of t rf���., 19, 75 , before me, the subscriber, ackno `mss Personally appeared ARCHIE L. COGGSHALL and VERA C. COGGSHALL (Acknorrledg- Ment by subscribing vdtneu) (Corporate acknowledg- 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 /"�u' �%��z't ) SS.: Notal, 1�. 4 �c, n• ,.f 'v, w York COUNTY OF t.wi'/��A,S �., a. -o �� �.na (bunt] On this x N day of � 19,,.r ;'before' hte,'�the su�l6iber, personally appeared , I�tt/i4� D ✓• 414 the subscribing witness to the foregoing instrument, to merrs nall)� known, who being by me duly sworn, did depose and say that he resides at yrc- l etil.irN6 N that he knows said ✓ ?,Q' v N AAS 01- .SiS! f12o A, 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 trgu'Aaa�/. Zfl 1141ve witness thereto. STATE OF COUNTY OF On this day of sonally came at the same time subscribed his name as '�c •®i1�� cw N4T PI Y PUBLIC N,itnn I',ai su,tiev Y'Jr SS.: .,alificvi it ' i ,, 19 ` . before me per - 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 so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. �)a... at� NOTARY PUBLIC " CJetk