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Home My WebLink About030975-001[J 0 1 E , 1093 570 PAI. 145 EASEMENT INTERMUNICIPAL WATER SYSTEM PROPERTY I.00A'I'10, : TOMPKINS COUNTY: TOWN OF ITHACA ............. VILLAGE OF ._ __._...... ..... _......_.... _ Property Address: Tax Parcel Number: 17-1-1.2 THIS INDE.\'TUBE made as of the ._lath February .... day of....._...._..........._..._...._.._..-_..___._.__....._._.._....._., 1976 BETWEEN ITHACA CITY SCHOOL DISTRICT referred to as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation in the County of Tompkins, New York, q p jy�R l adAxk ychf�t t ; as the A •ent Municipality, acting in behalf of itself, Elie Towns of Unsing and Dryden, the Village of Cayuga IIeiganc# aanicipalities, all or such as will be jointly associated in the Project to obtain a water supply from Cayuga Iake for lands in said ,municipalities (sometimes referred to as the Bolton Point Nater Supply P,oject), its or tlheir succcssors and assigns, all collectively herein referred to as the Grantee WITNESSETH: NVHEP.EAS 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 topw,graphy and grades . in certain locations must depart from established highways in order to render proper water supply and distribu. cion service to property owners in the said municipalities, and AVI U -'REAS the GRAN'FOR 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, re- ceipt whereof is hereby acknowledged, does hereby grant and convey to said Town of Ithaca, as such Agent 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 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 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, ,Map No. 89 RZ;A ESTA?E APR 1 2 1979 TRA'!' "'R TAX TOM' K;NS utEf. 570 racy 146 i'r;icthrr with a tentlrorary casement during the period of orightal construction over so much of tine owner's PV0Perty as ut:ry be necessary for men and vehicles while the s:,id water main and appurtenances (or anyother 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 constnution, maintenance, operatipn 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. Additi,,nal provisions, deed references, property descriptions (if desired), and description of additional facili- ties are hereinafter set forth: s 11*4 The grantee, as hereinabove collectively described, hereby agree for themselves, their successors and assigns, to indemnify, save and hold harmless the grantor, its successors and assigns, for any and all damages and liability which the grantor may incur because of any injury to persons or property (other than the property of the grantor for the damaqe of which the grantee is liable under the provisions of the pre- ceding paragraph) resultinq from any acts of the grantee, their agents and employees, in entering upon the grantee's premises and performing work or conducting operations under provisions of this easement. This indemnity and save harmless shall extend to reimbursement to the grantor for any court costs, disbursements or attorneys fees which it may have in defending itself under the terms of this clause or in �n- forcing the terms of this clause. The grantee will not, in the exercise of the rights herein granted, inter- fere in any way with the use of the premises by the grantor and work performed by the grantee will be done in an expiditious manner and in coordination with the use of the premises by the grantor. 1 E 1 0 1 II 1 J 0 1 0 � `SURVE`r 64SEl.iNE oz00 n� 3 Y unx 570 Pa.,! 147 T14 r - '�'°� `SURVE`r 64SEl.iNE L �1 io �o T 0 0 o n y unx 570 rbvf 148 Thisinstrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. I1 iVITNESS \VHEREOF, this instrument has been duly executed by the GRANTOR (S) tr�tut�atrok5c�xxsx�t pursuant to authority granted to them by their respectiv,governing Boards. IVIT\ESS: (sign bclo'.vr : iTOWIN OF'I CA ITHACA CITY SCHOOL DISTRIIC y �/ . By: (..C'' ,, ' ' '� LGU2 ? :� L.S. ,Wal er -J. Sc' to kz_rr�_ As:President, Ithaca Ci.ty._. r.$uneFYzsor nd _as__agent.._ _ .. L. for :the- other municipalities School District Board of .•... r.efeY.;Y'ed to as grantee, above -Education....._......__...._..._...........__ ........... ILS. "»r.r•,;;,,,,"_....... ................... ......._.. L.S. STATE: OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) (Individual On this % day of 12'��'`� 19,76 before me, the subscriber, enowledg personally appeared WALTER J, SCHWAN, the Supervisor of the Town of Ithaca, and as agent for the other "qrantee" municipalities 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. N�T otary uh<«, S� ruf Nre' York No. 5S�1:.540a[ STATE OF ) SS.: :cd in To-ntins County a COUNTY OF ) jr ' t"-rc' 30, 197,� (Individual On this day of 19, before me, the subscriber, s nowiedg. personally appeared 1 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 ) (Acknowledg. On this day of 19, before me, the subscriber, went by I aubsrribing personally appeared 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 (Corporate acknowledg. ment) 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 NEW YORK ) SS.: COUNTY OF TOMPKINS ) On this 17th day of February sonally came Miss Charlotte E. Parsons NOTARY PUBLIC , 1976 , before me per. to me personally known who, being by me duly sworn did depose and say thatshe resides at 101 Oakwood Lane, Ithaca NY 14850 thatshe is the Bd. of Ed. President of ITHACA CITY SCHOOL DISTRICT the corporation described in and which executed the above Instrument; thatshe 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 thatshe signed � name thereto by like order. .......... w/. NOTARY PUBLICPA,, i_A B LOVELESS Tanplcins County, u: d,- _ Public, ;ia!e of New York Recorded on ike. ...� ...... .. Day o ... .... .19`\°1,... at jj�� No. <-0'030C o'clock .X... M., ,n Lber ...�. ! .... ' i .7:.••••••••. Quaid, d ,n iom,krnsCovny - at plop ..�y .I ...... ..... T m expires March 3C, 1P7y ..................................... Clerk mss` a• a�� . _... _.._ . _.. .. , .. _ . -...e.-.......--... _....,..._....: �._..