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557 rgcE 335
TOWN OF ITHACA, N.Y. - SANITARY SEWER -RIGHT OF WAY -
TOWN WIDE SEWER IMPROVEMENT
Property Address (if any) : 114 WA RR fN ROAD Town of Ithaca
THIS INDENTURE, made this _ day of % ARC+; , 197 /BETWEEN
MA R,Y EL /Z A ,9,E 7/1 e/r L y
referred to herein as GRANTOR and the TOWN OF ITHACA, a munigipal
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 topogrz_phy
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, 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 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.
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:
0 ;REAL ESTATE
X MAY 1 3 1977
T A, ;'- R TAX
CWNIY
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
55'� racy 336
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:
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Lawrence P. rabbr.oni
Town "ngineer
January 18, 1977
ADDITIONAL Pn,O��ISZOPJS: hf,
557 rEc� 337
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.
2. All areas disturbed or foliacle shall be restored to its preconstruc-
tion state, specifically:
1.) Disturbed lawn area,; shall be leveled as required, tonsoiled,
and seeded for 12 months after construction.
2.) The small tree or shrub, in the line of the sewer shall he
transplanted and cared for during construction and replaced
after construction. Anv death or visible decline within 24
months of completion of construction shall be compensated
for by the Tolan of Ithaca replacing the damaged item with an
exact replica in size and species.
3.) Any damage to the cherry trees on the southern property line
apparent by death or visible decline within 24 months of
completion of construction shall lead to the Town of Ithaca
removing the damaged tree by cutting same to Owner's
specifications and shall he replaced by a 4" red maple
or equivalent value in a location as specified by the Owner
with the same 24 month guarantee period reapplied starting
from planting.
4.) Any wooden fences or stacked wood moved during construction
shall be replaced and restored to its exact nreconstruction
condition and location.
3. All aspects of the above agreement and special conditions shall be
imnlementod I)v the Town rngineer. IIe shall be present a minimum
of one hour a day during the presence ofconstruction workers and
machinery and as requested by the Owner.
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FOREST HOME
SANiTflRY SEWER EASCMENTS
SCALE / " = 50.
PROPOSED SEWER
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557 rrE 340
This instrument shall bind the parties hereto, their distributees, personal representatives,, successors and
assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS)
and/or the holders of this lien.
WITNESS: (sign blow):
(/ LS.
T S.
T-S.
STATE OF ) SSa
COUNTY OF ) '
so�aat On this day of �'-'e� / 19- 7 7, before me, the subscriber,
®wit) personally appeared 'M .
't'h ✓ 1.
to me personally known and known to me to be the =epersn (s) described in and each of
whom executed the within instrument, and duly acknowledged to me that he exe the same.
HELEN M: PAI
tia3ry PubGe, State of New York
Tompkins Co. No: 2998555 NOTAR PUBLIC
Copmissx., E.pi, s 14,ch 80, 1977
STATE OF ) SS.:
COUNTY OF )
ttnAlviand On this day of 19, , before me, the subscriber.
i rledg- personally appeared
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
STATE OF ) SS.:
COUNTY OF )
(Aekeowtedp On this day of 19. , before me. the subscriber,
subbstatblee personally appeared
wltnw)
the subscribing witness to the foregoing instrument. to me personally known, who being by
me duly sworn, did depose and say that he resides at
that he knows said
to be the individual (s) described in, and who executed the foregoing instrument; that be. the
subscribing witnes% was present and saw him execute the same; and that he, said
at the same time subscribed his name as
witness thereto.
NOTARY PUBLIC
STATE OF ) SS.:
COUNTY OF )
(Cmpasate On this day of , 19 , before me per.
am�Wkdr sonally came
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 he signed his name
thereto by like order.
Tompkias County, v,
worded on the. , �^� ,�,�v NOTARY PUBLIC
. o'�kxk Q• Pyl., in Liber ..rj o(.. \ .......9�....at
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