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HomeMy WebLinkAbout025385-0011 • 1 1 F 8 557 ruE 347 � TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT���y Property Address (if any) : `/oi'a�iY�'C Town of Ithaca THIS INDENTURE, made this day of /114) 'CAN 197%BETWEEN .�B'S3%� CaI�QnTC/' 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 Qrantor 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 comninity 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 pi3e 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 2 MAY 1 3 1977 Trt . TAX NS r 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 11' emtd. 557 rArE 348 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: 1 • 1 Cl �1 1 1 1 Jou 557 349 �i-.i.._.•r•� .-�•`'��!1 ,--_L_..'tY_._r•'_�.-_....-yam _.. � I�''1•�T/i.� fs(%� \ �+: iE �caRAL Avf.�% • - K_ 4 9 0 K -C. i ! P-TaMAN6'N r EA-VaW C" r AA10 /OR 7'-' M.0ORAR Y EA ;,-M WOY r Fo,a sA", r q rr y sE wo q S rHRU 4ANc2_T o,d rAx AccovN7' a-o W" a,= /T H A c A .7 r w 4*A? s %e 7*Jr^l 7'0^1.42Ki C o UIV rY N-T 1 V Yo K LU<.i�R ENGINEERS, INC-. DATE ROCHESTER. NEW YORK �:CALE /03`sd� FILE NO. 557 rAn 350 This instrument shall bind the parties hereto, their distributees. personal representatives. successors and assigns. IN WITNESS WIiEREOF. this instrument has been duly executed by the GRANTOR (S) and/or the holden of this lien WITNESS: (sign below) : ..LS. STATE OF'( -T SS COUNTY OF Tr& (ladidded On this 9 a day of `tin aAc 19. `ii , before me, the subscriber. mmt wkdg- personally appeared�91�,-n(- --, of �J QJur C) . C'� fe--j to . ( �1.4 $j, nQ A to me personally known and known to ma to the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. tf`150c�3�3 NOTARY PUBLIC . 3130��9 STATE OF ) SS.: COUNTY OF ) (lndidduat On this day of 19, , before mq the subscribm admowledg- personally appeared anent) 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 ) (Ackeowkdr On this day of 19. , before me, the subscriber, scent by personally appeared subscribing witnw) 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 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 STATE OF SS.: COUNTY OF ) (Corporaa On this day of '19 , before me per- adusowledg- tonally came >menq to me personally known who. being by me duly sword 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 knots the sal of said corporation; that the sal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Director& of said Corporation. and that he signed his name thereto by like order. Tompkins CoLnry, ss: �� -- R9Cordud on the .......��. NOTARY PUBLIC �y11 ... clocvl .\.. M., in Tiber ... C� � .... ....109 � ... at at Pago and ine �- ...........Clerk 1 • 1 E 1