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HomeMy WebLinkAboutBF172549-00191 :A GRANT OF RIGHT OF WAY FOR WATER MAINS For and in consideration of the sum of One Dollar ($1) in hand paid, the, receipt of which is hereby acknowledged, and for other good and valuable consideration, Gustave F. Heuser, widower; Alfred E. Bolcourt and Emma J. Buicourt, his wife; Roy G. Wiggans, and Edna D. Wiggans, his wife; Paul Work and Grace N. Work, his wife and Walter E. Westervelt and Georgiana Westervelt, his wife, all- of the Town of Ithaca, County of Tompkins and State of New York do hereby severally grant to the Town of ITHACA, a municipal corporation and political subdivision of the County of Tompkins in said state, its successors or assigns, a right of way to lay, maintain, operate and remove water mains in connedtion with the Forest Home Water Distribution Project, about to be con- structed through and across the properties -of the parties of the first part located in the said Town of Ithaca on what is known as Halycon Hill in the hamlet of Forest Home in said town; the line of _wh water mains to. run from a point on the east side of the so-c"ailed Warren Road near.the northwest corner of the prop- , erty of said Alfred E. Boi,co-,fit and wife, easterly across the property of said Alfred E. Boicourt and wife, to 'a private road running from said Warren Road aautheasterly up Halycon Hill, thence southeasterly along the west side of said private road following the course thereof to a point near the middle of the north boundary of the property of said Walter E. Westervelt and wife; and also the right to lay, maintain, operate and remove service connections from such water mains to the properties of any or all of the parties of the first part; all as shown on a map entitled "Town of Ithaca, N.Y. Forest Home Water District Water Distribution System Water Mains Sheet 2 of 3"" drawn hy- Harry W. Eustance, Consulting Engineer, a copy of which map is attached to this deed and made a part hereofr; with a right of ingress and egress to and from the same. L 0 —2- This grant is made upon the condition that the grantors their heirs and assigns may fully use and enjoy their respective premises except for the purposes hereinabove granted to the said Town of Ithaca; and that the said Town of Ithaca will pay any damages .which may arise to fences or other structures from the laying, maintaining, operating and removing of said water mains i and service connections, said damages, if not mutually agreed upon to be ascertained and determined by three disinterested persons, one to be appointed by the grantor affected, his heirs or assigns, one by the Town of Ithaca, its successors or assigns and the third by, the two appointed as aforesaid and. the award of such three persons shall be final and conclusive. WITNESS the following signatures and seals as of the 15th day of .October, 1935. No. 96 ionz 6-31 -�. II `.. STATE OF CALIFORNIA SS • COUNTY OF ) On this cfa,,9 day of October, nine hundred and thirty-five, before me, in the year One thousand the subscriber, personal -I G. E. Wade COUNTY CLERK'S CERTIFICATE AS TO NOTARY PUBLIC No. 31892 STATE OF CALIFORNIA; I, CEO., E.;rQRt S&Rbunty Clerk of the County of Alameda, State of California, and COUNTY OF ALAMEDA, Iss' ex -officio -Clerk of-th-e Superior Court of the State of California in and for the County of Alameda, which isArtrd ofAhe Sin of California, having by law a seal, do hereby certify thwhose name is subscribed to the attached certificate of pr f, acknowledgment or affidavit, was at the time of taking such proof, acknowle, gment or affidavit a Notary- Public in and for said Alameda County, duly commissioned an qualified, and residing in said county, and was as such an officer of the State of CaliforniaYduly authorized by the laws thereof to admin- ister oaths or affirmations and to take and certify the proof and acknowledgment of deeds and other instruments in writing to be recorded in said State, and that full faith and credit are and ought to be given all his official acts as such Notary Public, and that I am well _- acquainted with the handwriting of said Notary Public and verily believe that the signature _ to the attached certificate is his genuine signature and that the annexed instrument is executed and acknowledged according to the laws of the State of California; and I further certify that an impression of the seal of the said Notary Public is not required by law to be filed in my office. In witness whereof I hahereunto set my hand, and affixed my official seal this ---------- a.-' .......--day of-------- ...................... 193 ....................................................................... f the _& County Clerk oUnGrbof Alameda and a officio Clerk of the Superior Court of the State of California in and for the County of Alameda. On this day of October, in the year One thousand nine hundred and thirty-five, before me, the subscriber,. personal- ly appeared Gustave F. Heuser, Alfred E. Boycourt and Emma J. Boycourt, Paul Work and Georgiana Westervelt, to me personally known to be the same persons described in and who executed the foregoing instrument, and they severally acknowledged to me that they executed the same. o-cary truoi1c STATE OF NEW YORK ) SS COUNTY OF TO;riPKINS ) On this 7th day of December, in the year One thousand nine .hund.r-ed-- and- th.it_tyry-f,ive,,..before__me,__the subscriber, personally appeared Grado�_N.Work, and halter E. Wei erveit, tb- me- personally known to be the same persons described in and who executed.,the foregoing instrument, ..and they severally acknowledged to Idle that' they executed the same. ' C.T• y Public ,i a TN o A Z c c 9 6 1i� �is d .f/i,ti ED 0 t . Y e t _ CD O H Q o D 7i a ro pv, '(p tD t Q I y y 'fid -3 itH' T R+ 3 '� tr1 tj CD, 0 CD tzj - tM H O tt W td o c o x, i '� FN • '� P9 H O x 00G) cz: � L-1 N A M ,' (D;e ♦ � � � � ra �✓t CD z v � y m x t -3 - STATE OF CALIFORNIA ) SS COUNTY OF ) On this day of Octolfar, in the year One thousand nine hundred and thirty-five, before me, the subscriber, personal- ly appeared Roy Wiggans and Edna Wiggans, his wife, to me person- wFl `lznotim -to. be the same persons described in and who executed the_" bgoing instrument, and they severally acknowledged to me that tnpy_-exe'cuted_ the same. -I '/ Yom'•. • �' N ary Publ i c i R PUBLIC IN AND FOR THE COIJa'��� ALAMEDA, STATE OF CALIFORNIA p Ly Commission E*es NormWr 7, 1437 STATE OF NEW YORK ) SS COUNTY OF TOMPItINS ) On this 3'yj$ day of. October, in the year- One 'thousand nine hundred and thirty-five, before me, the subscriber, personal- ly appeared Gustave F. Heuser, Alfred E. Boycourt and Emma J. Boycourt, Paul Work and Georgiana Westervelt, to me personally known to be the same persons described in and who executed the foregoing instrument, and they severally acknowledged to me that they executed the same. /f Notary FuDlic STATE OF NEW YORK ) SS I COUNTY OF TOTviPKINS ) On this 7th day of December, in the year One thousand nine hundre-d_and;. th.ir_tyri.ive b.ef.ore ,^me,_ the subscriber, personally appeared Grad NT..Work, and lvlalte'r E. lesterveit�, to_me•'persopa,'y known to -be the same persons described in, and who executed.,the foregoing instrument,:.and they severally acknowledged to te•that they executed the same. / o ary Public