HomeMy WebLinkAboutBF172427-001 t = �A�- �2 - �
TOWN OF ITHACA, N.Y.— WATERMAIN RIGHT OF WAY
Property Address (if any):
153 King Road East
THIS INDENTURE, made this ........................ day of ........Mdy............................................... 196%ETWEEN
Donald M. Erickson
and
Isabel Erickson
referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the
(Town of Ithaca)
WITNESSETH: WHEREAS said Town is about to construct a system of sanitary sewers and/or
water mains or extensions thereof, which by reason of topography and grades in certain locations must
depart from established highways in order to render proper service to property owners of the Town, and
WHEREAS the Grantor is the owner or has an interest in real property in said Town where the *i k
water main line or lines must cross or encroach upon private property for the above reasons,
NOW THEREFORE, said Grantor in consideration of the benefits to accrue both community .vide
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, its successor and
assigns forever: A permanent right of way to enter upon, construct, operate, maintain, repair and replace
a water main pipe line and appurtenances across or upon the Iands of the Grantor in
said Town in accordance with official plans and specifications filed at the office of the Town Clerk, the
center line of which right of way along which said sxxaCK-e0V4r water line and appurtenances is to be laid
shall be substantially as shown on File No. 14748 by Lozier Engineers. A 10' wide
permanent easement over center line of main as built.--(30' from center line
of King Road)
Grantor.
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 kb-AWXHVbY water main and
appurtenances are being installed, not to
iexceed (30) thirty days from the date of construction commencement
The center line of said right of way described as follows:
Commencing at the east line of said Erickson at a point 30' south along said
line from the center line of the paved portion off King Road; thence in a
westerly direction in a straight line to a point in the west line of Erickson
30 feet -south along said line from the center line of the paved portion of E.
King Road.
i
The wxxvm VHr water pipe and appurtenances constructed on said premises shall remain the property of
the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said
property covered by said right of way, subject to the rights and privileges herein granted to the Town, and
he reserves the right to use and enjoy said premises provided that such use shall not interfere with the con-
struction, maintenance, operation or repair of, or cause injury or damage to,the pipe or appurtenances. The
town will restrict its operations to the minimum feasible width for said right of way. The Town, whenever
any work is done on the grantor's premises, will restore the surface of said premises to substantially the
same condition as before such work was done, without expense to the owner. The owner shall be permitted
to connect his s it water service lateral to such * 6?§Q1A1M water main if it is more feasible
and economical to connect with the sewer and/or water main instead of connecting to a different MOW
>amdAor water main in an adjoining highway.
The execution of this instrument by a party holding the following liens) on the above premises shall
constitute a release from any such lien(s) of the easement granted hereby:
Nothing herein shall be construed as a waiver or relinquishment of any claims
of the grantors herein which they may have against any persons for damage
sustained by any cause in connection with the installation of this water main,
or otherwise.
This instrument shall be binding on the parties hereto, their distributees, personal representatives, suc-
cessors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the
holders of this lien.
WITNESS: (sign below):
X-1
. ... ............................. .........1,.. .0. .......
. A ...... S.fi61AW EFi s n
... ......................L.S..ab611r c son..
............................................................................................ .......................................................................................L.S.
........................................................................................L.S.
........................................................................................L.S.
STATE OF NEW YORK SS.
COUNTY OF TOMPKINS:
z On this ............... day of ....... ............... 19 4?,"before me, the subscriber, personally
W ......... . I----*I-*,*--
appeared
0
IsaAorickson
as
>'z0 to me personally known and known to me to be the same person(s) described in and who executed the
�
Cl W
Z U within instrument, and he duly acknowledged to me that he executed the same
ALBERTA 1-1- T"nMpsol'l
New York
NTotary --- -- -- - ---------------------- -------
T". �4
�-PT
ouncy NOTARY PUBLIC
Qualified 1. , -' -1 1
Expires March 30, 144L9
Commission
STATE OF ........
SS.
COUNTY OF-7Ft-il:�,Iez�vs....
z
W -;?-/ - '�7
.. day of ..../.!
On this '�A.�... .......................... 19A before me, the subscriber, personally
------------- ....... .
Q appeared ��
50 to me personally known and known to me to be the same person(s) described in and who executed the
>
z within instrument, and he duly acknowledged to me that he executed the same.
QW
ZU
............... ..............................................................
4W NOTARY PUBLIC
STATE OF ........ SS.
COUNTY OF7K.t'--I.��—
On this ....... ..111-7-�V. ;f jol-jw 13 eAe
........................ day of............................................ 197��, before me, the subscriber, personally
�CA appeared
z z
E. 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 9fAlekoX,
that he knows said
W z In. Zlelel<'SoW 4wp T
-)o ZW/
0 vto 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
e-
at the same time subscribed name as witness thereto.
............................................. ................
C---'/ EMATA#Y-UJ149
Notary
public,State of New Yorb-
No. 55-0254000
(Zuaffledi in Tompkins Counts
Term Expires March 30, 19V
STATEOF ........ ----------------------- SS.
COUNTYOF ..................................
On this ...............................• day of ............................................................. 19 before me personally came
z
to me personally known who, being by me duly sworn did depose
cl and say that he resides at that be
W
4 is the of
00 the corporation described in and which executed the above Instrument; that he knows the seal of said
9 0�z
W corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order
ou
of the Board of Directors of said Corporation, and that he signed his name thereto by like order.
................................................................................................
NOTARY PUBLIC