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HomeMy WebLinkAbout025373-001• L • E TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - - • '�� TC 4-N WIDE 'SEWER IMPROVEMENT •' r 557 Property Address (if any)s 1 try f ��� Town of Ithaca THIS INDENTURE, made this ..4, t.h day of t fT6 ('Odhl , 107%$ETWEENr': 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 ]ocations 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, 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 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 maps s 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 discribed below) are being installed# which temporary easement is also shown on the attached map. The execution of this instkument by a party holding the follow- ing lien(s) on the abovg premises shall constitute a release from any such lien(s) of the easement granted hereby: t $...... -.0.' REAL ESTATE MAY 1 3 1977 TAX 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 302 557 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 on 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: !t %/Ir f['<<c[' /.f nrf P['/IJ/I[ ['�r•l {�riL'i f ✓tnv�ry /%6G� f�if ee"ejL-~'0E sA,,11 he • o• c 1 .1. J. { I1 I I 557 rer� 303 -This instrument shall bind the parties hereto, their distn'butees, personal representatives, successors and assigrssr , IN 1yITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) andlor the holden of this Less , ZYI (sign blow) • I-S. 1 L�• J T_g• 1 • ? STATE OF ) SS — COUNTY OF ) (Ind;viduAl On this day of 19, , before me, the subscribes, .duorlcdj• personally appeared mmg to me personally known and known to me to be the same person (a) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same, { NOTARY PUBLIC x STATE OF ) SS.: COUNTY OF ) i (Individual On this day of 19. , before me, the subscribez. •cknoi1edr personally appeared maut) to me personally known and known to me to be the tame person (s) described in and each of whom executed the within instrument. and duly acknowledged to me that be executed the same NOTARY PUBLIC ST,ATE OF SS-, COUNTY OF { Aclnor On this / day of �i%o4 �% 19.7 % , before me, the m subs'ber. n cat by a Ally 2ppcued /3 4 CN: aribtoj (1 i f t%C e wtui C the subscribing witness to the foregoing instrument. to me nail known, who being by personally i me duly sworn, did depose and say that he resides at that he knows said I a�lfL'C/L� /�� ✓�'� x.v�jJf)/=<� 4"� /� u w / Y to,be the individual (s) descrsbed'in, and who executed the foregoing instrument; that be, the subscribing witness was present and saw him execute tine same, and that be, said /qzoe L.sic e- 1�1- r/H'�O`U'v/ at the same time subscribed his name as witness thereto. C,' NOTARY PUBLIC • STATE OF ) ss•• COUNTY OF ) On this of . 19 . btare9me pa sonally Came ®mq to me personally known who, Ong by me duly rworn did depose and Lay that be resides at that he is the of the corporation described in and which executed the above Lutrumasr that he knows the scat of, said corporation; that the sell affixed to said Instnsment is such corporate sal: that it Was so affixed by order of the Board of Directors of raid Corporation, and that be signed hies esame tthe m= by Like order. NOTARY PUBIC 19 pkins County, SS: \~ C�av -cf Tom..� • ... Recorded on i6e t�C''�,.,....rol. ' 'dock . .. M. i.ibor ..:. o ex ne� %� • a f. ..�Srk