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Home My WebLink About023117-0011 0 1 • 1 1104 - EASE M E14T INTERMUNICIPAL WATER SYSTEM 552 ry ,, 255 PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF _.JC,1TX_.0Fi__.IT11ACA_.__._ VILLI 1E• OF _. Property Address: Tax Parcel Number: THIS INDENTURE made as of the __l':?'__. day o[ _S�Sr_1=!?L�� __ �., 19 75�1ET �VI:EN The City of Ithaca, referred to as the GRANTOR, and the TOWN OF ITIJAC.,A, a municipal corporation in the County of Tompkins, New York, herein also referred to as GIZANTEE, as the Agent Municipality, acting in behalf of itself, the Towns of Lansing and Dgdcn, the Village of Cayuga Heights and other municipalities, all or suds 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 tl.c Bolton Point Water Supply Project), its or their successors and assigns, tivI'1'N1;,SL'T11: WHEREAS the said municipalities have jointly agreed to construct facilities for the said Project whirls include -water transmission pipe lines and appurtenances -which by reason of topnglaphy 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 teal property where the v:ater transmission pipe lire or lines and appurtenances or other facilities must aoss or encroach upon private property for the above reasons, NOW, THEREFORE, said GP.ANTOR in consideration of the benefits to accrue both cotmminity wide and to .kaid GRANTOR as a result of stabilization of propr_rty values and protection of health and otherwise and in further consideration of the covenants herein contained and other good and sufficient consideration, roti eeipt whereof is hereby acknowledged, docs hereby grant and convey .to said Town of Ithaca, as such A, -ens 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 faciliucs 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- Con of the center line arc shown on the attached map; the center line of the pipe as actually laid shall be the center line of the rirht•of•way, / /f This easement is shown on the attached Map No. 1 % , `t REAL ESTATE , STATE OF TP!_'iSF:n'AX, ; IJiN V -JI .. 'RL E SL f„jG 65;2 256 ADDITIONAL 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. .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 wr_t:` ui=iczF � 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 scrvi.ce 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. 0 i 9 1 1 1 • 552 r4;, 257 -2- J-g. IJherc erosion control is accomplished by pipe anchors, construction shall be as detailed on Lozier Engineers, Inc. drawing no. file 113723. 11. Where erosion protection berms are installed, construction shall be as detailed on the casement map. Location of berms and materials of construction shall be directed by the Engineer and approved by the City. 1-2• 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 8, 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 givenas 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. L. Tu. ether with a tetoporary easement during the periud or orifi nal eonstntction over su much of the owner's properry as may lse necessary for men and vehicles while the said water main and appurtenances (or any other Jacilitics specifically clescribed below) arc bein; inswlled, which temporary eastmcnt is also shwwn on the at: tachcd map •(or on any other map herein referred to) . The execution of Ellis instrument by a party holding the fnllowing lien (s) on the above prtTr►ists shall con- stitute a release from any such.lien (s) of the tasewtnt granted h:reby. The water main and appurtenances (or any other facilities) constructed on said premises sball remain the prop- ecry of and shall be under the control and Supt vision of the GRANTEE and such other municipalities as nu-sy be associated in the Project, but the GRANTOR (1) reserves the underlying fee title to said. property covered by said r oht-of-sway, subject to the rights and privileges herein granted to the GRANTEE„ and (2) GRANTOIL ro- serves the riZht to use and enjoy said premises provided that such use -shall not interrere with the'construction, snLintenaoce, operation or sepair-of, or cause injury or damage to, the water main or other facilities or nppttr. 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 agreed that. without expense to the, owner, all debris will be removed, the premiseswill be restored to substantially the same condition they were in before such work u•as crone; 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 prop:rly, '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 1 i 1 E 1 r -j L-A 1 552 pvr 259 1 � fjO r1 < I r•I 552 f A- 260 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. I IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) and/or the holders of this lien WITNESS: (sign below) : .-• .;,„� _CITY__DF_ITHACA _..._LS. ;`,I as _ f L.S. n. . ATTES.T-:.__ . tY_Clerk.` STATE OF "JEW Y4tt tc -, SS.: COUNTY OF (Individual On this _.?o U-` day of .�.atiIE- 1976 , before me, the subscriber,(% ad.nowledir personally appeared ED�.��+eD J L'a c- y menq . to me personally known and known to me to be the same person (s) described in and each o[ whom executed the within ip strument, and duly acknowledged to me that he executed the same as the M"P< of the City of Ithaca. L. ROTARY P BLIC STATE OF ) SS.: COUNTY OF ) (individual On this day of 19, , before me, the subsaiber. U acknowledr personally appeared mcnt) to me personally known and known to me to be the same person (s) described in and each whom executed the within instrument, and duly acknowledged to me that he executed the same. i NOTARY PUBLIC STATE OF SS.: COUNTY OF (Acknowleds- On this day of 19, , before me, the subscriber, went by personally appeared subscribing witness)I 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 I 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 ) SS.: COUNTY OF ) (Corporate On this day of , 19 , before me per- acknowled`• sonally came rotor) 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 MARIIX A. X11\pilin Notary 1,100" ,:i \cn Y„rk (hi..11fir.l w' �I.np_n. l'nunty •Ccuu EXIT c, M.1'4 SU, ly 1 �I i