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RIGHT OF WAY AND EASEMENT
THIS INDENTURE made the day of 917th l , 1968, 4 4
between NEN' YORK STATE ELECTRIC & GAS-CORPORATION, a New York "
corporation having an office at Ithaca-Dryden Road, Ithaca, .New
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�»I York, hereinafter referred to as the "Grantor" and THE TOWN OF
2THACA, a unicipal corporation of the Stat of New York, having fr
j. an office at 108 East Green Street, Ithaca, New York, hereinafter
referred to as the "Grantee"I _
WITNESSETH:
{ In consideration of the mutual covenants herein expressed, k'
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the parties hereto agree as followss �
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ants to the Grantee, its
1. That the Grantor hereby gr
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successors or assigns, a permanent right of way and easement to
enter upon and to construct, reconstruct, lay, maintain, operate,
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repair, or remove an underground sanitary sewer main, together j
with the necessary manholes and other appurtenances, under,
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through and across a portion of its lands in the Town of Ithaca,
County of Tompkins and State of New York, described in a deed
from Jesse V. Liddington and Edna B. Liddington, his wife, dated I
< January 4, 1940, and recorded in the Tompkins County Clerk's
Office in Liber 255 of Deeds at Page 73; said easement and right
of way being more particularly described as follows:
"Beginning at a point in the south line of
lands of New York State Electric & Gas r
Corporation at a point 701 feet easterly
of the east boundary of Ithaca-Danby
Road (State Highway No. 5043); thence
extending in a northerly direction to a
point in the north line of lands of New
York State Electric & Gas Corporation,
said point being 751 feet easterly of the
east boundary, of the Ithaca-Danby Road;
thence easterly along said northerly line
a distance of 20 feet to a int; con-
tinning thence southerly aing a line
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20 feet east of and parallel with the first t.
hereinabove described course to a point in
said south line; thence westerly along the t
south line to the point of beginning.
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"Also, a temporary easement being 20 feet
wide and adjacent to the westerly side
of the above described permanent easement
for the, purpose of movement, use and V,
storage of earth, materials and equipment
during the course of the initial con-
struction of said sewer main. "
Said right of way and easement shall continue as long as
it isused for a sewer main as above described being shown on
Map No. 8 of "South Hill Sewer District - Town of Ithaca
Tompkins County - New York" prepared by Lozier Engineers,Inc.,
Civil and Sanitary Engineers, Rochester, New York, dated November }
8, 1967.
2. That the Town hereby acknowledges the existence of
is an outstanding easement over the above described lands given
to Asa Cummings on July 21, 1955, for the installation of a
septic tank and drainage field; this easement being located 90#
feet easterly of the Ithaca-Danby Road as measured long the
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northerlyproperty line of said lands. The Town of Ithaca agrees
to take the responsibility of protecting the system and notifi-
cation
otifi cation of new sewer construction to Asa Cummings and/or parties
interested therein.
3. That any damage to the property of the Grantor caused
by the Grantee, in constructing, reconstructing, maintaining or
use of ,said sewer main easement shall be borne by the Grantee.
4. That the Grantee •in the construction, reconstruction,
j maintenance or use of said sewer main shall maintain a clearance
r of ten (10) feet or more from the aerial wires of the Grantor X
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with equipment or otherwise, and shall not injure, damage or
{ interfere with. its. transmission or distribution lines or other
facilities.
S. That the Grantor shall not in any case be liable to
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*� the Grantee, its successors or assigns or to its contractors,
agents, servants, officers, employees or any person or persons
including but not limited to the Grantee's licensees, invitees Y
or users of said easement for or on account of any injury to or
death of such 'contractors, agents, servants, officers, employees,
or any person or persons including but not limited to the ` ,
Grantee's licensees, invitees or users of said easement or for or f
! ” on account of injury to or damage to their property and the
Grantee hereby assumes responsibility for and hereby releases the
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Grantor from any such injury, damage or liability and hereby
further covenants and agrees to indemnify and save harmless the
Grantor, its successors and assigns of and from all damages and
claims for damages, demands, suits, recoveries, judgments or
executions which may be made, had, brought or recovered by reason
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Y ` of or on account of any such injury, damage or liability. And
. the Grantee also hereby covenants and agrees to pay to the Grantor
all damages to the property of the Grantor or other consequential
damages suffered by the Grantor which may happen to be done or '
caused by reason of or during the use of said easement, except
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when such damage is caused by the Grantor, its contractors,
agents, servants, or other representatives.
6. That the Grantee' shall upon'the completion of any work
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necessary in connection with the construction, reconstruction,041.1
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laying,_,maintaining, operating, repairing or removing of such
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sanitary sewer main, together with the necessary manholes and
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other appurtenances, leave the lands of the Grantor in good
level condition restored to the same condition as when such work
commenced, excepting for such surface structures as may be
I constructed.
IN WITNESS.WHEREOF, the parties hereunto have caused their
borporate seals to be hereunto affixed and these presents to be
signed by their duly authorized officers the day and year first
above written.
NEW YORK STATE ELECTRIC i GAS.
CORPORATION
By
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Vice Presrdent
°Yyr r���pCuq etant Secretary �-
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`4 �ir�,,« ,, ��r,•, THE TOWN OF iTHACA G
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STATE OF NEW YORK )
SS.t ,
COUNTY OF
On this 3 day of I14leClj , 1968, before me came, E t
,ty
w..p A 1 ItR , to me personally known, who, beinb
by me duly sworn, did depose and say that he resides at 211 CAIf�R
AW&V � �� � f�� = and that hp is Vice President of
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new York State Electric & Gas Corporation, the corporation de- yF
K scribed in and which executed the above Instrument; that he knows
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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. ? r'
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Q,4AL
Irm.
--Notary u c
JACK M.GRAHAM I '
? d Notrf pwb State of New Vat
t. ) CommWba QWVWd toFsoY�M
STATE OF NEW YORK
_ ) SS.t
COUNTY OF Tompkins )
5 On this 23rd day of February , 1968, before me came,
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WILLIAM B. KERB , to me personally known, who, I
being by me duly sworn, did depose and say that he resides at
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Ithaca, New York
and that he is
the Supervisor of said Town, the municipal corporation
described in, and which executed the within'Instrument; that he ;
{ knows the seal of said Town; that the seal affixed to said .
b i Instrument is such corporate seal; that it was so affixed by
II order of the Town`Board of the Town of Ithaca i and that
he signed his name thereto by like order. s
oarC. Public
"
CAROL REEVES
Notary Public.Sflife of New York r`
No 55-3?11350 F.
ietl bil T,X11141"1 Cnnty .
7�rm Ex0res Much A 1967 S
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