HomeMy WebLinkAbout025374-001'AOW4 L06 1..J......0 .%. A. U!-
T,3I N WIDE SEWER IMPROVEMENT
'P!k 557 rrc 304 LR�93
property Address (if any) : 210 Forest Home Drive Town of Ithaca
THIS INDENTURE, made this % 1 day of fas go tm Y_ Ty�7E
197• BE
DAVID STOLLER and KATHLEEN J. STOLLER
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 propert.3
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 acknowledge
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 sanitarf sewer pipe line and appurtenance
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 mapj
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.
The execution of this instrument by a party, holding. the follow-
ing lien(s) on the above premises shall constitute a release from
any such lien(s) of the easement granted hereby:
REAL ESTATE
MAY 1 3 1977
TRANSFER TAX
TC,M,PiKI NS
C; >UOiY
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 reserver 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
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557 `pr.305
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 t7he 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:
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Additional Provisions:
1. Alignment of sewer line and location of manholes shall be exactly
as staked out on.the ground by the Town Engineer and approved by
the Owner.
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2. All shrubs, small trees, and hedge plants to be saved will be
moved by owner's nurseryman,at the appropriate plantint, time
prior to sewer line installation. (Owner will be given adequate
notice of when work will begin on his property.) These plants
will be planted back to site designated by Owner at the appro-
priate planting time by Owner's nurseryman. Plants included are
s as follows:
1. Approximately 12 oriental spruce hedge
plants along Forest Nome Drive.
2. Approximately 6 shrubs on hillside including
viburnuv,, rhododendron, and small hemlocks.
3. It is understood that 2 trees (greater than 25 foot) already
dead or dying on the steep backslope and as discussed by the
Town Engineer and Owner shall be cut into firewood and left for
Owner's use and stumps removed or cut below ground level.
4. After soil in trench settles (approximately 6 months) all dis-
turbed areas will be leveled with additional tov soil as neces-
sary by Town of Ithaca personnel and rough graded. (Time -to be
mutually agreed upon by Town and Owner.)
5. Steep hillside area will be planted with appropriate ground cover
(probably pachysandra or English I.vy) by Owner's nurseryman.
6. Disturbed lawn areas will be tilled, leveled, and fine graded
by Owner's nurseryman, then fertilized and sown with good
perennial lawn seed, and covered with straw.
7. John Ewanicki, General Tree Service, will supervise digging of
sewer trench around sugar maple -at base of hillside and near
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the three white pines. Contractor will follow Ewanicki's
instructions in method of digging to avoid damage to tree roots.
Edge of trench must be at least a minimum of 8 feet from sugar
maple and 10 feet from white pines. Should any of the above trees
decline and die within 24 months of the completion of construc-
tion, it will be cut down by Town of Ithaca, sawed into firewood,
and left for Owner's use. Brush will be.hauled away by Town of
Ithaca maintenance personnel. As it would be impossible to re-
place these trees should they die, Owner will be paid a sum of
$500 for each tree killed. It is also understood that this amount
in no way represents the true value of these trees. (The white
pines are at least 70 years old, two feet in diameter and more
than 50 feet tall.) Location of trees in question is to be shown
on map prepared by Town Engineer.
8. The permanent easement, while generally twenty feet, ten feet to either
side of center of sewer, shall not prevent the owner from obtaining a
valid permit to extend the existing dwelling in accordance with Town
of Ithaca zoning regulations provided that such extension is no nearer
than five feet to the sewer as actually constructed.
557 306
=stimate of cost to comnlete work by Owner's nurseryman as
outline3 above is as follows -
Labor
40 hours @ $6.00 $240.00
Plant Materials, etc,
1) Top Soil, 12 vard s @ $6.00 72.00
2) 200 ground cover plants @ $16.00
per 100 (Pachysandra or English
Yvv) 32.00
3) rertilizer and Line, 3 bags
@ $3.50 10.50
4) Peat "loss, 3 bales @ $6.00 18.00
5) Crass Seed 20.00
6) Contingency 35.00
TOTAL --- $427.50
9. A Special Account of $500.n0 will be appropriated at the beginning
of the above work as described and will be disbursed upon the
submittal of appropriate vouchers and copy of bills by the Owner
for the work as described.
10., All aspects ofthe above agreement and special conditions shall be
implemented by the Town Engineer. He shall be present a minimum of
one hour a day during the presence of construction workers and
machinery and as requested by the Owner.
11 . The foregoing additional provisions shall also apply to all repairs to, replacements of,
and/or maintenance of said sanitary sewer pipe line and appurtenances, etc., made
pursuant to this indenture with estimates for labor, plant materials, etc., to be
adjusted as necessary by mutual agreement between the parties to reflect the amount
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�ir�► 557 rLArE 307
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FOREST HOME DRIB, f
Y
SAN/Tr9RY SEWER EASEMENTS
SCALE I 5-o"
PROPOS£0 SEWER
308
-n,is instrument shaU bind the parties htseto, their distributecs, personal represcrita Lives, successors and
assigrss_
IN WITNESS 'WHEREOF. this instrument has been duly executed by the GRANTORS)
andfor the holders of this Ucss
WITNES� (sign below) J /f
it
L.S.
i_S
STATE OF ) SS_ -
COUNTY OF j
(tnd)vidut On this day of 19, , before mp the subscriber.
•doorledj► peryonyUy appeared
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to me penonaUy mown 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 sane.
NOTARY PUBLIC
STATE OF SS
COUNTY OF
(tnBtviBml On this day of 19. . before me, the subscriber.
acknorlestj. personally appeared
mmtD
to me personally known and known to me to be the same person (t) described in and cacls of
whom executed the within instrument, and duly acknowledged to ire that be executed the same -
NOTARY PUBLIC
STATE OF /�'� /G SSr
COUNTY OF-"-/C''� / ,t/S
(Atknorlade- On this /O / N day of �1(`j 19,77 , before mS. the subsas'ber,
�abbf prssanaUy appured / �!J!2 fNL�f
the subset-bing witness to the foregoing instrument. to me peasonally knows, who being by
me duly sworn, did depose and say that he resides at �� (L/(�f/_fC 1ic�s ��'
i j7n a, Al
ahat be known said /%fJ� i� o�% oc �t C d f� fF T11 L.ffN ✓ G��� /
to be the individual (a) dacriibed'in. and who executed the foregoing iristrumcnt; that he, the
subseibing witncL% -vas present and saw him execute the same; and that beB said
i�fvKC.vc'f/f/iffl 0v' , at the same time subscribed his name as
witness ¢hercte.
NOTARY PUBLIC.
STATE OF SSs
COUNTY OF Q,ruGt;x. ::� ',• :
(Ca,po„lz On this "day of , 19 , bta me pae
sdoo..leda. sonaIll came
sump ao me personally known wbo, being by me duly sworn did depose and say that be resides at
that he is the of
the carparaoon described in and which etecuted the above Instrument; that Be knows the scat
of said corporation; that the seal affixed to said Insnvment is such corporate sal; that It Was
so of mcd by Order of the Board of Direaon of said Corporation and that he signed his toame
thasm by Lie order.
NOTARY PUBLIC
Tompkins County, sa:
Plecofded on rho. �� ` .....19`.a...at
y7,.o'clo-k . M., in 1, er of .... ..........
in Pogo ...� .............. . and a ..
....................... Clerk
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