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1985
E A S E M E N T
TOWN OF ITHACA WATER IMPROVEMENT
WATER MAIN PROJECT
ueiR 564 PACE 493
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA- NEW YOU
Property Address:
Tax Parcel Number:
514 FIVE MILE DRIVE
6-310-2-9
THIS INDENTURE made as of the _ �)C 1'H day of /�/�4R�'�l , 1978 ,
BETWEEN RICHARD AND lei' A1:MSTRONG
referred 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, its successors and
assigns,
WITNESSETH: WHEREAS the said municipality has authorized the
construction of facilities for the said Project which include water
transmission pipe lines and appurtenances which by reason of the
topography and grades in certain locations must depart from established
highways in order to render proper water supply and distribution ser-
vice to property owners in the said municipality, 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 other-
wise, and"in further consideration of the covenants herein contained
and other good and sufficient consideration, receipt whereof is hereby
acknowledged, does hereby grant and convey to said Town of Ithaca, as
such Municipality, its successors and assigns forever: A permanent
right-of-way to enter upon, construct, operate, maintain, 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 location 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 the right-of-way.
564 r rc 494
Together with a temporary easement during the period of
original construction over so 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 attached map.
The execution of this instrument by a party holding the
following lien(s) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby:
The water main and appurtenances (or any other facilities) con-
structed on said premises shall remain the property of and shall
be under the control and supervision of the GRANTEE, 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 reserves 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 appurtenances.
The GRANTEE will restrict its operation to the minimum feasible width
for said right of way. Whenever 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 property or failure to restore the same properly. Such notice
must be in writing and must be given promptly in order to enable the
Town to notify the Town Engineer and the contractor, if any, who per-
formed the work on the Project. Any action against the Town must be
commenced within two years from the happening of the event upon which
the GRANTOR'S claim is based or within such.shorter statutory period
as may be applicable.
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rHRU 4A"o-T OF r, -lx Accov"7- "o.
TOMP,'C/NS COUNY?! NEW YORK
co-var owo "0., -Tzm x"r ".4p NO.
LOZIER ENGINEERS. INC. DATE
ROCHESTER. NEW YORK SCALE IAOZr_Toq FILE NO.
ut F 564 rani 496
instrument shall bind the parties hereto, their distributees, personal representatives, successors and
•
IN IVITN ESS WHEREOF, this instrument has been duly executed by the GRANTORS)
and/or the holden of this lien
A%11(sign below .
t c
_. LS.
RECEIVEDR:,-AL ESTATZ
STATE OF �� (';1 Al 1 ' 13 ) SS:
COUNTY OF T4 1... - a TAX )
(Individual On this dayjg�•'P?" ,NS 19; ,before me. the subscriber.
acknowledg- personally appeared I COUNTY
mens)
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 )
(Individual On this day of 19, , before me, the subscriber.
atknowledg• personally appeared
mmt)
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 /ve�C)6 cvzr SS.:
COUNTY OF /Mlol-INS ; L
(Acknowledg- On this J/ • day of InY47 I9,,0 ' before me, the subscriber.
meet by
ing Personally appe - g'°may'
witness)
the subscribing witness to the foregoing instrument, to me personally kno^wrt, who being by
me duly sworn, did depose and say that he
resides at ,�',J!(FNF/t[J� l-�cL,S ��
that he knows said //,l rC �ija J ^Nv 'v�'i ��m����
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
/''1�/✓c� � %1?7X1'0/V1 at the same time subscribed his name as
witness thereto.C�^1 •
N,NOTARY,,PPDL4Q
STATE OF (:aunt
COUNTY OF ) =%.� E:•:p.r a tar.::� . J, 197
(corporate
On this day of . 19 , befordme peso.
acknoedg' tonally came
moot),
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 cotpomte "; 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.
-%WVKi s Cowry, 19�....... NOTARY PUBLIC
RBtorded'�+s• rkc^.Y� • _ . • ...�`R� Day et. � .. ..... ...........
oclock M.; in Liber
` J ................ and a ��,fined.� �-�"✓. Clerk e,
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