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HomeMy WebLinkAbout023118-001Ll I� 1 0 I_ifLl 552 rA, t ;�f;J. EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF VILLAGE OF ---- Property Address: Tax Parcel Number THIS INDENTURE made as of the _._0 day of 19 75$ETWEEN The City of Ithaca, rcfened 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 hfunicipality, 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, WITNFSSE'Tli: 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, ro- ccipt whereof is hereby acknowledged, does hereby grant and cons•cy .to said Town of Ithaca, as such Agent Municipality, its successors and assigns forever: A permanent rightof-sway 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 arc shown on the attached map; the center line of the pipe as actually laid shall be the center line of the right-of-way. This easement is shown on the attached Map No. J b REAL ESTATE s�`t'�'e STATE OF Ti'fit'WER TAXi�'1J E �C- i 552 a 262 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 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. 8. 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. 1 u 1 11 1 1 0 1 0 1 552. rA : 263 -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 be 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, i 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 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. Together with a tetoporzry easement during tilt period of original construction over w much of the owntes property as may 1,t necessary for men and vehicles wltile lite said water main and appurtenances (or any other facilities specifically described are herspind/relich temporary f referred to) eastment is also shohYt on the as tachcd map .(or on any other map nt by a party holding the fnllotvina lien (t) on tlue above premises shall con- Tht execution of this instruute(s) of the easement granted It:rcby: stitute a relca.e from any suds.lien - remises l remain the Th: watcT mun and appurteprop- tinder the controlances (and suptnision of the GRANTEE and suor any other facilities) constructed on �h other municipalities as nr�y be erry of and shall be associated in the Project. but the GF.AN"TOF. (1) reserves the underlying ice title to Said. (property NTOR. vered by said r oht-of-�vay, subject to the rights and privileges herein granted to The GRAN TEL ( ) renes the right to use and enjoy said premises provided that Stich use shall not interfere with the' const ruction, ge to, the water 3in or Or appar- snzintenancSe°GRANTEE vvll restrict itsalrof, or toperationise injury sto hemi imum feasiblervidth [o other d riaht'o[vay. �Vhen- tcnances. 11 ever any work is done emtses G A reOstored premises, it is 3, the starve condition tleys� a ee to tin behe fore such er. all ''Work will be removed, th p Was crone; the GRANTOR shall give prompt notice to the GRANTEE °grantee°or yany ,Oftoits tile J�rop city or failure to restore the same properly, or failure by contractors, agents or employees to comply with any of the conditions or provisions herein contained. -- e 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 iseasementwhich the City - understood that this provision shall not apply any work of Ithaca, its contractors, employees and agents are authorized to perform under the terms and provisions of this easement. 1 r-� U 1 1 I I 171 1 265 ILI, 1. N dip 0 z > j ILI, 0 z > j C- M �0 r, r T- 11 "loft JI .,ffr AQ. rl I I Ll C-)4 0 1 C- M �0 r, r T- 11 "loft JI .,ffr AQ. rl I I Ll C-)4 C- M �0 r, r T- 11 "loft JI .,ffr AQ. rl I I Ll 1 9 f] 552 rA, , 267 This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. (todividual acknowledg- ment) (individual acknowledg- ment) (Acknowledg- ment by subsmbing witness) (Corporate acknnwledg- ment) IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS) and/or the holders of this lien WITNESS: (sign below) : _._ ....:.__. . ........._CITY.. OF._. -- -- LS. OIT ITHACA_ By as S. ATTEST-:.__ ' lerk STATE OF 1 -r --'J %d}'e •,... SS.: COUNTY OF ro¢, PK/A)5 J: . y On this S O day of J N 19%6 , 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 as the N'y'�2 of the City of, jthaca. ---� NNOTARlE'PUBLIC STATE OF ) SS.: 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 A• ct' 9 STATE OF SS.: COUNTY OF 19, , before me, the subscriber. On this day of personally appeared A 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 witness thereto. STATE OF COUNTY OF On this day of sonally came SS.: ) at the same time subscribed his name as NOTARY PUBLIC 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 to affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. NOTARY PUBLIC