Loading...
HomeMy WebLinkAbout023116-0011 0 a 1 iJ EASEMENT INTERMUNICIPAL NYATER SYSTEM 552 w.- 249 PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ._.jC1T.Y._.QF)__..1TIi,NCA VILLAGE OF Property Addxess: icx Parcel Number: TI41S INDENTURE made as of the i_3 -.. day of Q4M:PD_K _ 19 75PET VELN The City of Ithaca, referred to as the GRANTOR, and the TOWN OF ITHAC.A, a municipal corporation in the County of Tompkins, Nety 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 1kights :md other municipalities, all or such as will be jointly associated in the Project to obtain a water supply front Cayuga Lake for lands in said municipalities (sometimes referred to as thl Bolton Point Abater Supply Project), its or their successors and assigns, 'WITNI'MET11: WHEREAS the said municipalities have jointly ag-teed to construct facilities for the said Plojett which include water tr:ulsntission pipe lines and appurteiwnces Which by reason of topography and gr.,ues in certain locations must depart from established 1,i-hways in order to render proper water supply and distri!�•u• tion service to property owners in the said municipalities, and WI ER -LAS 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 truss or cncioach upon private property for die above reasons, N0141, Ti3Ela:FOl2E, said GRANTOR in consideration of the benefits to accrue both community and to said GRANTOR as a result of stabilization of property values and protection of health and etheruvs> :uid in further consideration of the covenants herein contained and other good and sufficient tvnsidezation, rc- teipt whereof is hereby acknowledged, does hereby grant and convey .to said 'Town of Ithaca, as suer A�,cnt Municipality, its Successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, main- twin, repiir and replace a water transmission pipe •line:and appurtenances or such other facilities as are herein described on the lands of the GRANTOR in arcordanee with official plans and spxcifications filed originally at the office of the Town Clerk of the Town of Ithaca; the width of the rightof•rsay'atitl'tht• approximate lora• tion of the center line are shown on the attached map; the center line of 0W pipe as actually laid shall be the center line of the right-of•vsay, This easometlt is shown on the attached Map No. `t REAL ESTATE STATE OF R EJ. t 552 vh F 2501 ADDITIONAL BASEMENT 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. 4. 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 :u 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 Doard 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, par)cing 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. 1 �1 0 1 • 1 552 � . 25 i -2- 10. Where 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 he as detailed on 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 6, 7 and B, 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 work has been completed a verified statement of the work and the cost thereof shall be promptly submitted to the Grantee. . Tugetlter with a tetapormy voctntrnt during the period of original construction over ser much of the owner's property as may be necessary for men and vehicles while the said slater snain and appurtenances (or any other Ircilities specifically described below) are being installed. which temporary cerement is also shown on the at- tachcd map .(or on any other map herein referred to) . The execution of this instrument by a pity holding the fnllowing lien (i) ort the above premises shall con. stitute a rclea�e from any such.lien (s) of the easement granted hcrcby; 552.2,52 Th: water main and appurtenances (or any other racilities) constructed on said premises shall remain the prop- erty or and shall be tinder the control and supervision of the GRANTEE and such other municipalities as ra-ay he associated in the Project, but the GR."ITOR (1) reserves the underlying fee title to said- property covered by . said right -or -way, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOTL.re. sen•es the right to use and enjoy said premises prodded that such use. shall not interfere with the construction, maintenance, operation or repair -of, or cause injtuy or darnagge to, the water main or other facilities or appur- tenances The GRANTEE will restrict its operations to the minimum feasible width for said right or way. When- ever any work is done on the GRANTOR'S premises, it is areed 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 U. c one; the GRANTOR shall 64ve prompt notice to the GRANTEE or its agents or any datn�o to the prop- erty or failure to restore the sane propuly, or failure by the grantee or any of its contractors, agents or employees to comply with any of the conditions or provisions -herein. contained. 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. . 1 0 1 1 1 1 0 1 552; re, � 254 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/or the holders•of this lien WITNESS: (sign below).;•,,,. , I_ .it,�fY... OF_ITHACA .—_._.......�...._._. cf� as r • L.S. ATTE.SM:.- U�, ••,..... t}r--Clerk L STATE OF AJC--ypte is SS.: 0,: COUNTY OF ToNS (Individual On this 30 day of 3.> ^j t` 19,7(a before me, the subscriber, nt) ledg- wepersonally appeared E o u_rA,( _t� J Ctusu t_ G y 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 as the M A-Y&(z of the City of Jthaca. L ------ - --- NOTARY PtltUC STA•l�'1�Ir...;., au, lv�e � SS.: V� COUNTY OF (individual On this day of 19, , before me, the subscriber. : acknowledg- personally appeared 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. (j Lam- V NOTARY PUBLIC 1h 0 STATE OF SS.: COUNTY OF (Acknowledg- On this day of 19, , before me, the subscribett- ment 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. _.____._ A•OTARY PUBLIC ��— STATE OF ) SS.: COUNTY OF ) fCorpoiate On this day of . 19 , before me per- .knnwiedg• sonally came menQ 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. NOTARY PUBLIC NT ?f fit ITC 3, I! 11'IRr1 i •��u Y,�rl: (_i.i.!,:i.l� �� i.,� �•. �„unit. •menu l.spiic, 11ar.lr su, I') 1 0 L� 1