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HomeMy WebLinkAbout023126-0011 1 lJ 1 RETURN TO JAMES V. BUYOUCOS LiBtK 552 ry 289 THIS ORIGINAL IS TO BE FILED EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF .............Lansing.... ..................................... VILLAGE OF Lansing Property Address: Tax Parcel Number: 44-1-38, portion of ......._..................... .__ _.._ . 1975 THIS INDENTURE made as of the /-,/—_ .. day of ...........Max ...._.............XGM BETWEEN The Estate of Fred E. Bush refer ed to as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation in the County of Tompkins, New fork, 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 it water supply born Cayuga Lake for lands in said municipalities (sometimes referred to as the Bolton Point Water Supply Project) , its or their successors and assigns, N%'ITNI•:SSI:TIi: WHEREAS the said tnunicipalities 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 cerriin 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, 'E11FREFORE, 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- ccipt whereof is hereby acknowledged, docs hereby grant and convey to said Town of Ithaca, as such Agent AlunicipAity, its successors and assigns forever: A permanent right-of-way to enter upon, construct, operate, main- tain, rclruir and replace a water uansnlission pipe line and appurtenances or such other facilities as are herein described on the laneh of the GRANTOR in accordance with official plans and spc(ifications filed originally of the office of the Town Clerk of the Town of Ithaca:tXKXkbdXx6Axx40ncjkxxWjfDd„4k(KXpgXWAMX 909 xixxxfictl6xxattaxtnxxx�sftossxaaxeta��ax�c>ro�cpr;�c7a�cxac�xoc�x�x�txl;wc�,�tz�xjcvc���d�ar!f xxacxlsac�lk xotxsc+; #�t;txtsd�aitatriy�x �abtatcBx The easement hereby granted is over a strip of land 30 feet in width more particularly shown and described on the ACQUISITION MAP NO. 11 Water Tank Site and Access Easement Over Lands of Bush Estate Property, dated October 16, 1974, made by Lozier Engineers and T. G. Miller, a copy of which is attached hereto and made a part hereof, and substantially described as follows: Being the strip of land bounded on the north by the north line of the Lands of the Fred E. Bush Estate, which north line is also the south line of lands of Gordon E. Selden; on the south by a line 30 feet south from said north line and parallel thereto; on the west by the east line of North Triphammer Road; on the east by a line parallel to the east line of North Triphammer Road and 375 feet more or less east therefrom and which east line is also the west line of the "Proposed Tank Site” as shown on the aforesaid map. "' REAL ESTATE J` STAY CF I le! r, 552 "k-- ,290 Together with a temporary easement during the period of original construction over to 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; 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 rights 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 damage to the prop- erty or failure to restore the same properly. Additional provisions, deed references, property descriptions (if desired) , and descri tion of additional facili- ties are hereinafter set forth: That the GRANDEE is to maintain sai� permanent easement,is to restore the surrounding area to level and remove all debris when it ceases to use the temporary easement and is not to interfere with natural drainage in the use of said permanent and temporary easements. 1 fe 1 • 1 0 1 1 i iftr, 552 Fw� 292 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 ) ESTATE OF FRED E. BUSH ­ WITNESS: WITNESS: (sign below) : t �. by .i;C . T..S. o ert 5: Bush �i ........ ................... �ix4,'GLIi:.Qr _.._..... .._._..............__._ L.S. ; — LS L.S. ........... ..............._.. ........ L.S. STATE OF New York ) SS.: COUNTY OF Tomkins ) (individual On this day of March 19, 75 before me, the subscriber, acknowlcdg- personally aPAeared ment) t11 ROBERT S. BUSH 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., and that he is the executor of the Estate of Fred E. Bush. ruins K. i ALI&A � hulAR',. PURL!C., 61 Now Yah __.... se-u9•;lJOU NOTARY PUBLIC nuag4td In f00srun+ tl:uatr STATE OPT', F "!mo 80j 1_9.476 ) SS.: ' COUNTY OF ) (Individual On this day of 19, before me, the subscribes ac nowledg personally appeared �n 4 to me personally known and known to me to be the same person (s) described in and each 4 j m whom executed the within instrument, and duly acknowledged to me that he executed the same. ............... ..................................... ......._..............._..,...._ .......,..,...... ..... NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) (Acknowledg• On this day of 19, , before me, the subscriber, ment by personallyappeared 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. STATE OF COUNTY OF SS.: ...... NOTARY PUBLIC (Corporate On this day of 19 , before me per- acknowledg. sonally came mens) 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 1 0 1 • 1