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HomeMy WebLinkAbout013350-001 a ! TOWN OF ITHACA, N.Y. - DRAINAGE - STORM.SEWER RIGHT OF WAY I 1 THIS INDENTURE made this 1st day of November , 1972, between LaSrand E. Chase CO NC.. 3 with office xlnsAAimvx at -:I­OSa q re Tf 'Ithaca, New York hereinafter referre3 to as drantorp and THE TOWN OF ITHACA, a Municipal Corporation in the County of Tompkins and State of New York, hereinafter referred to as Grantee or Town. WITNESSETII: WHEREAS, said Town is about to construct storm sewers for the purpose of draining the area of the Town located in the general vicinity of Brandywine Road, Christopher Circle Extension and Winthrop Drive, and WHEREAS, the Grantor is the owner or has °9 an interest in real property in said Town where the said drainage- "I storm sewer line must cross or encroach upon private property for the said 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 con- tained and other good and sufficient consideration, receipt whereof is hereby acknowledged, DOES HEREBY GRANT MID CONVEY to said Town, its successors and assigns, a permanent right of way to k enter upon, construct, operate, maintain, repair and replace a drainage storm sewer pipe and appurtenances. The storm sewer pipe and appurtenances constructed on said premise 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 and remains the owner thereof, 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 construction, maintenance, operation or repair of, or cause injury or damage to, the sewer 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, wil restore the surface of said premises to substantially the same ` condition as before such work was done, without expense to the own r. f The location of said storm sewer pipe is shown on the attached photocopy of a portion of the map of the Williamsburg Park Sub- division #3, Simsbury Drive Development of Otto B. Schoenfeld, dated December, 1967, Final Additions made August 12, 1968, made by Thomas G. Miller, and approved by the Town Planning Board August 12, 1968, and filed in the Tompkins County Clerk's Office on the 27th day of December, 1968. The storm pipe will be 3 feet in diameter and will be approximatel 3 feet under the surface of the ground and at a maximum depth of 6 feet from the surface of the ground. « The property address of the premises subject to the easement is: 137 Simsbury Drive, 'Ithaea, New York. " ' 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: This instrument shall be binding on the parties hereto, their distributees, 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. a ' i' LIBER w6 FALL 203 i . IIBEF Jv6 PaGE 204 TITLi: i.'iW4WC&A'A(AN YAO;V! TOWN OW ITHACA eiWe6ii TY UWA'Sliiiy r 1. Property Owner (Full name.If more than one person has an interest in the property, state his game. Also, state ' nature of relationship,i.e.,husband and wife,or tenants in common,parent and son,eta) t Name,Address&Telephone Number: F .. .Z. Address of Property L Indicate whether you have in your possession any or all of the following (cross out whichever is not applicable). ' Abstract of Title:(If•you do not have possession of abstract of title, where is it? , Deed: If"Yes"give following information as to recording in County Clerk's office(usually found in front of Deed) Book ........ Page ..... ............................... Dateof Recording ........................................ f" Survey,Map,Sketch: 4. Name and address of any person or institution holding a mortgage or mortgages on your property. L If you acquired the property by Deed,please fill in the following: Approximate date (give year ii ou can't remember month) From whom purchased: L If you inherited property,please fill in the following: ' Approximate date: From whom: Was there a Will? If there wat no Will,was anadmi�appointed? THE ABOVE INFORMATION will be used by James V.Buyoucos,Town Attorney,for the purpose of preparing right of way agreements. x WIT E ( 'gm balowy. :...:.:7.,,�»�. F..... �.».«. lam►.,..»...L.S. STATE OF NEW YORK COUNTY OF TOMPKINS: m the subscriber,personally w On this...«..............»...day of.....».......»«»»»...»«»......»»«»...,1965,before e, r appeared w r� —9 to me personally known and known to me to be the same person(s) described in and who executed the within instrument,and he duly acknowledged to me that be executed the same. .. NOTARY PUBLIC - A STATE OF. ........«..»..........».: SS. COUNTYOF.»«.....»..«...»..»...: before me the subscriber,personally ` w On this.......«....»»««...day of.....«»......«..»..»««.«.....»..«..«...,1965, aW appeared to mo personally known and known to me to be the same persons) described in and who executed the within instrument,and he duly acknowledged to me that he executed the same. �j ...««............»..................».«...........«.......».»..«..»......«.«...... NOTARY PUBLIC STATE OF...New«Y�rk_„«,,,. SS. COUNTY OF LgL.Rkins (% day of "06,before me,the subscriber,personally Orithis..... .....«..«......«... .................»........»..... appeared Walter J. Schwan W known, who, being by me duly wthe subscribing witness to the foregoing instrument,to me personally 3 sworn,did depose and say that he resides at 16 Muriel Street, Ithaca, New York a 8 ''j that he knows said Lagrand E. Chase to be the individuals) described in,and who executed the foregoing instrument;that he,the subscribing c Walter J. Schwan witness,was present and saw he execute the same;and that he,said at the same time subscribed name as witness thereto.. , OTARY PU*IC Notary No.55-t? Qnolificd m i'lCount, Term I:xpitca,,.....:, u, l..i STATE OF New York COUNTY OF 1972 ss. FTQ1972 On this.......1S.t......»..»...day of........ISS xem1 ar.................»..... W before me personally came to me personally known who,being by me duly sworn did depose LAGRAND E.CHASE ,that he' and say that he resides at Ithaca,New York of Lalgrand E.Chase CO-,Inc.- is tho President corporation described in and which executed the above Instruments that he knows the seek of said the 2� corporation;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order $ of the Hoard of Directors of said Corporation,and that he signed his name thereto by Idce order. LIBER Jv6 FACE 205tow w�+ "'Y `�'� ” NOTARY PUBLIC t �r /t7 A true copy of the original recorded on the day of , .•`r�'1 CvLt.PL 19'9 3 at 10:N'f o'clock O-M.,and examined. C Jerk