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HomeMy WebLinkAboutBF172537-001WATER MAIN EASEMENT TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: A) 244 Sapsucker Woods Road; Ithaca, NY 14850 B) 246 Sapsucker Woods -Road, Ithaca, NY 14850 Town of Ithaca Tax Parcel Number: A) 73-1-7,2 B) 73-1-6 114 THIS INDENTURE made as of the day of December , 1995 BETWEEN. STEPHEN P. LUCENTE of 981-Tta�u-ghhannock Blvd., Ithaca, N.Y. 14850 referred to as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation with offices at 126 East Seneca Street, Ithaca, New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, the said Municipality has authorized the construction of facilities for the said Project which include water distribution 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 service to property owners in the said Municipality, and WHEREAS, the GRANTOR is the owner of or has an interest in real property where the water distribution 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, 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 distribution 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. Page 1 of 5 Said easement being 20 feet in width, the center line of which is described as follows: Beginning at a point in the southerly line of Sanctuary Woods Subdivision Lot No. 1 at a point 5 feet easterly from the westerly line of said Lot No. 1; proceeding thence North and parallel to the West line of Lot No. 1, a distance of 150 feet to a point in the southerly line of Sanctuary Drive as described in the deed from the Grantor to the Grantee conveying said public roadway, said easement including a 15 foot band along the west line of Lot 1 and a 5 foot band along the east line of Lot 2. There is also conveyed an easement for a water main along the westerly portion of Lot No. 7 to the extent necessary to make the easement for a water main granted by Rocco P. Lucente concurrently herewith 20 feet total in width as measured from the easement center line, the center line of which is just westerly of the West line of said Lot No. 7. Rocco P. Lucente's said easement grant is intended to be recorded concurrently herewith, the approximate width of the easement herein granted being 6 1/2 feet or less inside the said West boundary of Lot No. 7, extending northerly from the southwest corner thereof 95.86 feet to the existing water main, which crosses East to West over the rear portion of Lot No. 7, all as more particularly shown on the attached sketch. 2 `I LO co 2 n. QC '� o m I n Sh .� V O Uzi\. \ 8 �, coro O V) 0 s I o i \d, I � �� I x a JZ I \ u!F tu I � L � � h I x - �wosc 5 h 2*1.4 a O � o � �9 zFtc aD �t O;�Z95° �L m A• 90 x3 w I ao�5���' X04--P;:S� • � c� -s� � 4> _� o-� - r� .r -F -5k v, r oU` �o r k• '� �%' moi'^ ��• 3 L N o. Y .'ce 2 `I LO co 2 n. QC '� o m I n Sh .� V O Uzi\. \ 8 �, coro O V) 0 s I o i \d, I � �� I x a JZ I \ u!F tu I � L � � h I x - �wosc 5 h 2*1.4 a O � o � �9 zFtc aD �t O;�Z95° �L m A• 90 x3 w I ao�5���' X04--P;:S� • � c� -s� � 4> _� o-� - r� .r -F -5k v, r oU` �o r k• '� �%' moi'^ ��• 3 L N I r,1 o. Y I r,1 EASEMENT -- Town of Ithaca Water Improvement 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: See description attached. The water main and appurtenances (or any other facilities) constructed 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) the 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 performed 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. This instrument shall bind the parties hereto, their distributess, 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. Page 2 of 5 AU �z w oU P w <CA H z w c� A QQw�0 OU U e; S: ( sign below) : IF NEW YORK OF TOMPKINS: SS. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: cl y�y STEPHEN P. LII ------L.S. CEUM By 'Rocco P. Lucente , Attorney-In-FacLt S --------------------------- ------------------------------ ----------------------------------------------------------------------------------------L.S. --------------------------------------------------------------------------------------- -L. S. ---------------------------------------------------------------------------------------L.S. On this 1 1 yt.r day of December, 1995 before me came ROCCO P. LUCENTE, to me known, and known to me to be the individual who executed the foregoing instrument, and known to me to be the individual described in and appointed attorney-in-fact by a certain Power of Attorney executed by STEPHEN P. LUCENTE, bearing the date the 22nd day of November, 1995, which Power of Attorney is being recorded in the Office of the Clerk of the County of Tompkins concurrently herewith, and acknowledged that he executed the foregoing instrument as the act of said STEPHEN P. LUCENTE and as his attorney-in-fact, and the said ROCCO P. LUCENTE acknowledged to me that the Power of Attorney has not been revoked by the death of said STEPHEN P. LUCENTE or otherwise, and it is in full force and effect. r _ (___XOTARY PUBLIC V DAVID A. TY i ER Notary Public, State of Nf"'v No. 4633353 Qualified in Tompkirl�i`. ` My Commission Expirov Srnm. K', ' =" % COUNTY OF ............................: JJ. On this ................................ day of ........................................... 19 , before me, the subscriber, personally appeared 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 he execute the same; and that he, said , at the same time subscribed name as witness thereto. .............................................................................................. NOTARY PUBLIC STATE OF --------------------------------- SS. COUNTY OF ............................: On this ................................ day of ...---........----...------.........---------...--------- 19 , before me personally came 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