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552 243
EASEMENT
INTERMUNICIPAL \'LATER SYSTEM
PROPERTY LOCATION: TOM KINS COUNTY: TOWN OF
VILUGE OF
Property Adthcss:
Tax Parccl Number:
THIS INDENTURE made as of the __/al day of _.Q�,T12.a� �'...__ ^�. � 19'j513ETWEEN
The City of Ithaca,
referred to as the GRANTOR, and
the TOWN OF ITIIACA, a municipal corporation in the County of Tompkins, New fork, herein also referred
to as CRANTEE, as the Agent Municipality, acting; in behalf of itself, the Towns of Lansing; and Dryden, the
Villag,•c of C.•,yug;a Ileights and other in all or surh as will be jointly associ: ted in the projcet to
obtain a water supply front Cayuga Lake for lands in said municipalities (sunlctiures refcvrcd to as the Bolton
Point Water Supply Project), its or their successors and assigns,
W1TNL--SSETIi; 11'HERFAS the said municipalities have jointly agreed to constrict facilities for the raid
Project wl:idl include water transmission pipe lines and appurtenances which by reason of topogr:,phy ana grades
in certain locations must depart from established highways in order to render proper watrr supply 111-1 distr;bu•
tion sc;i,icc to p;opetty owncrs in the slid municipalities, and WHERRAS the GRANTOR is the 0srn^r r: has
an interest in real property where the water transmission pine line or lines and appurtenances or other faeilit;es
must cross or cnctoadl upon ptivatc prop city for the above reasons,
NOW, TIIEREFORE, said GRANTOR in consideration of the benefits to accrue both community w;de
and to said GRANTOR as a result of stabilization of property values and protection of health and other, i q
and in further consideration of the covenants herein rontained and other good and sufficient consideration, to.
ccipt whcrrof is hereby acknowledged, does hneby grant and convey .to said Town of Ithaca, as such A( crit
Afunic;pality, it_s rucccssors and assigns forever; A permanent right-of-way tcwctttcr upon, construct, oncrate, main-
Iain, repair acid replace a ts•ater transmission pipe line and appurtenances or such other facilities as are herein
desc-ibcd on the lands of the GRANTOR in accordance with official plans and specifiratinns filed originally
at the office of the Town Clcrk 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 tic right-of-way,
This easement is shown on the attached Map No.
REAL ESTATE STATE OF
l„Frn -rt X1
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X52 ;'h.:_ 244
ADDITIO14AL EASEMENT PROVISIONS
1. Construction shall be as delineated on the contract drawings,
in the contract specifications and on the attached easement
map.
2. The Grantee agrees to repair any damage caused by the
Grantee, its agents, contractors, or employees, by reason of
the work done under this easement and to save the City harmless
from all such damages and costs accruing to the City because
of such work, and to keep all obstructions and excavations upon
City property fully and properly guarded, lighted (where
required), and protected at all times, and to maintain through
traffic at all times (where required), and to maintain all
such work in a safe and proper condition for the contract
guarantee period. All corrective and repair work shall be
performed by the Grantee except in those cases where this
instrument provides that such work shall be done by the City.
3. All work shall be performed in a manner that will minimize
inconvenience to private property owners.
9., All trench excavation and backfilling shall be performed
in'accordance with the contract specifications.
5.' Twelve hours prior to backfilling.an excavation the
Grantee shall notify the City Water and Sewer Superintendent
(telephone 272-1713) in order to permit inspection.
6. The work of final repair or replacement of a street surface,
pavement, or curb which may be damaged or removed under this
easement shall be done by the City, but the cost
of such repair or replacement shall be charged to and paid
by the Grantee.
7. The work of repair or replacement of water lines or service
connections and sewer lines or laterals which may be damaged
or removed under this easement shall be done by
the City, but the cost of such repair or replacement shall be
charged to and paid by the Grantee.
B. If the proposed work involves the construction of a
driveway, parking lot, or sidewalk, the Grantee further agrees
that the same shall be constructed in all respects in
conformity with the requirements of the Board of Public Works
relating thereto and shall be maintained at all times in a
safe condition for the contract guarantee period. In the
event that construction shall not fully conform with such
requirements; said driveway, parking lot, or sidewalk shall be
reconstructed in conformity therewith at the expense of the
Grantee and, upon its default may be reconstructed by the
City at the expense of the Grantee.
9. The transmission line alignment shall be adjusted where
possible to preserve trees.
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10. Wi,er.e erosion control is accomplished by pipe anchors,
construction shall be as detailed on Lozier Engineers, Inc.
drawing no. file 18723.
11. Where erosion protection berms are installed, construction
shall be as detailed or, the easement map. Location of berms
and materials of construction shall be directed by the
Engineer and approved by the City.
12. Where multi -flora rose is called for on the easement map,
the locations, type, and method of planting shall be as directed
by the Engineer and approved by the City.
13. If, at any future time, it is necessary to enter either
the pipe line easement area or access easement area for any
purpose, the foregoing agreed terms for the original
installation shall apply.
14. The City shall notify the Grantee promptly in writing
of any work requiring repair or replacement pursuant to the
provisions -of paragraphs G, 7 and g, above. The City shall
give promptly to the Grantee a written statement setting forth
the work required to be done and the estimated cost thereof.
However, in the case of emergency or under circumstances
where such work must be done before any such statement can be
given, then such statement shall be given as soon as
practicable. When the :cork has been completed a verified
statement of the work and the cost thereof shall be promptly
submitted to the Grantee.
?u�etlser with a tetrpormy easement dutino the period or original eonstrttnion over so much o[ the ov.nrt's
Property as may be necessary for Yuen and vehicles vvltile the said vater main and appurtenances (or any other
(scilities specifically described below) are being installed, uliith temporary rast:ment is also sltow•n On the at.
tachcd map .(or on any other map herein referred to) .
The execution of tl►is instrument by a party holding the following lien (;) on the above prtmists sliall con•
stitttte a release from any such. lien (s) of the tascmtnt granted h-reby;
�. 552 t' -k - 240
Th: water main and appurtenances (or any other facilides) constructed on said premises shall retrain the prop-
erty of and sball be under the control and supr_rrisioa of the GRANTEE and such other municipalities as nl:•y Ue
amociated in the project. but the GRANTOR (1) reserves the underlying fee title to said. property covered by .
said right•of-vvay, subject to the rights and privileges heRrein granted to the GRANTEE. and (2) GRANTOro-
serves the right to use and enjoy said premises provided that such use shall not interfere • with thi COTistruction, .
uusintenaoce, operation or repair -at, or cause injiuy or damage to, the water main or other facilities or apputr-
trnances The GRANTEE will restrict its operations to the minimum feasible width for said right of way. When.
remises, it is agreed that, without expense to the owner, all debris,
ever any work is done on the GRANTOR'S p
will be removed, the premises will be restored to substantially the same condition they were in before such -work
vras clone; the GrANTOR shall give prompt notice to the GRANTEE or its agents of any damage to the prop-
erty or failurc to restore the same properly, or failure by the grantee or any of its
contractors,agents or employees to comply with any of the conditions
or provision s. herein contained. t
The GRANTEE agrees•to save and hold harmless the GRANTOR from
any and all claims, damages or liability which the GRANTOR may incur
because of any damage or" injury to persons or property caused by any
negligent act or negligent failure to act of the GRANTEE, its contractors,
agents and employees in performing any work under this easement.. It is.
understood that this provision shall not apply to any work which the City
of Ithaca, its contractors, employees and agents are authorized to perform
under the terms and provisions of this easement.
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This instrument shall bind the parties hereto, their distributees, personal representatives, successors and
assigns.
(Individual
aci.nowwt-
tnent)
(Individual
scknowledt-
went)
1N WITNESS WHEREOF. this instrument has been duly executed by the GRANTOR (S)
and/or the holders of this lien
WITNESS: (sign below) :
Yr' tY-
• r ;�
STATE OF
COUNTY OF Tort
On this 30 day of J;-;*-) C -
personally appeared D w,c%,K. D j .
._..____CITY_..
By --.y
as
ATTR S.T-__
t1!
SS.:
Cd -,j L_ 'F- Y
19,71'. , before me, the subscriber
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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 =
as the MA-Yo/L of the City of Ithaca.
91:11a IX A. SII \PINI
Nat.ry 1'aLh, .•i \�Park....._`.-'-----'----'-'----.—._..... __—.______.� � ,.
tiLJ,
X„. „ NOTARY PUBLIC
"ferns I(s; L„ 11.a:, 3U, 197 SS.:
STATE OF ) '
COUNTY OF
On this day of 19, before me, the subscriber,
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.
NOTARY PUBLIC
STATE OF SS.:
COUNTY OF
(Acknowledt• On this day of 19, , before me, the subscriber,
went 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 OFt.1 V� 14 ) SS.: \
COUNTY OFT IPtc NS )
(Corporate
On this ?o day of E . 19 , before me per-
.knowlcdS. sonally came 0 CowJt_t Y
roent)
to me personallyknown who, eing by me duly swo did depose and say that he sides at
/ r -t-A CA, ”. y of _ C r ry c9,e I n
that he is the A4,4 b'9r2
the corporation described in and Witt executed the above In ment; that he knows th seal
of said corporation; that the seal affixed said Instrument is suc orporate seal; that it 14.s
so affixed by order of the Board of Direct o of said Corporation, an hat he signed his nam
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thereto by like order. QY
NOTARY PUBLIC
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