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HomeMy WebLinkAbout025371-0011 • 1 LIK�F 557 TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT Property Address ( if any) : /, jE W A D Town ,of Ithaca THIS INDENTURE, made this 1c10lh day of <�C'7Od�/P 1975-BETWEEN k / F G, i3O yN TuN 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 or extensions thereof, which by reason of topography and grades in certain locations must depart from established highways in order to render proper sewer 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 sewer 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 wide and to said Grantor as a result of stabili- zation of property values and protection of health and otherwise, ane 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 sanitary sewer pipe line and appurtenances or such other facilities as are herein described across or upon the lands 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 sewer line and appurtenances is to be laid shall be substantially as shown on the attached map; unless otherwise shown on said map or unless otherwise stated herein, the center line of the pipe as actually laid, shall be the center line of the right of way. 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 sewer main and appurtances (or any other facilities specifically described below) are being installed, which temporary easement is also shown on the attached map. ing any The execution of this instrument by a party holding the follow- lien(s) on the above premises shall constitute a release from such lien(s) of the easement granted hereby: $ -0. REAL ESTATE MAY 1 3 1977 TRA,;'F;' TAX TG;.;r�4i;JS UJU1,41Y The sewer main and appurtenances (or any other facilities) con- structed 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) GRANTOR 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 ►.► k 557 rerE 294 damage to, the sewer main or other facilities or appurtenances. The GRANTEE will restrict its operations to the minimum feasible width for said right of way. Whenever any work is done cn the GRANTOR'S premises the GRANTEE, at no expense to the owner of the premises, will remove all debris and will restore the land to sub- stantially the same condition it was in before any such work was done. If any damage is caused to the GRANTOR'S property or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTEE at the Town of Ithaca Offices at 126 East Seneca Street, Ithaca, New York, immediately following any such damage or failure to restore the property. Additional provisions, deed references, property descrip- tions (if desired), and description of additional facilities are hereinafter set forth: 1 • • 1 • 1 • 1 9 r .TOR N0..0_9 �4 557 295 14 2 E0 I rrQL�� m-,�, mal Io&MMAOYEIV 7- EA Sd oo coy T .QNo/oh' TEMPORARY EASEMdrNT FOR .SANITARY .SEWERS TNRU LANDS of TAk Acco4ow7" Ho. TOWN OF /THACA SEWER SY57-6M ToMPK/NS GOC/eVTY J4YCVV YORK ocoN57: Pwo Ho. I o-rASSMcOVr MA®"o. 7 LOZIER ENGINEERS. INC. DATE ROCHESTER. NEW YORK SCALE /~.:SIB FILE NO. 557 rA[E 296 This instrument shall bind the parties hereto, their distributees, personal representatives, suc essors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS) and/or the holden of this lien WIT�S: (sign below) Ls, STATE OF COUNTY OF (tndMdual On this day of acknowkdg- personally appeared went) Pe Y _LS. ► S. ...LS. 9 SS.: 19, , before me, the subscriber, to me personally known and known to me to be the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. NOTARY PUBLIC STATE OF SS,: COUNTY OF (tom fvMua! On this day of 19, , before me, the subscriber, meaq kdff' personally appeared to me personally known and known to me to be the same person (s) described in and each of whom executed t):e within instrument, and duly acknowledged to me that he executed the same. / NOTARY PUBLIC STATE OF COUNTY •'VS ) (Admwkdp On this f day of /i?/R-�� 19.7 7 , before me, the subscriber, nesibaibi Personally appearedj�> Witness) the subscribing witness to the foregoing instrument, to me personally known, who being by me duly sworn, did de se and say that he resides at �i f� > / Ac. / ,✓, 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 him execute the same; and that he, said at the same time subscribed his name as witness thereto. NOTARY PUBLIC.,.,, 101k STATE OF i SS,: COUNTY OF furperaw On this day of , 19 , before per - ad sawkd`- sonally came resent) 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 be signed his name thereto by like order. NOTARY PUBLIC Tompkins County, ss: ��� `Rec�\QQWpr�,df�'�ed on tha. . Da ol.. !!,� r; ...... .... M .lei. "o'clock Z. M., in Liber ... gs.rj I ,,,,, at Page ...aleX11!J................. and examined. ... Az.- -.- ark LJ 1 • 1