HomeMy WebLinkAbout027293-001Li
0
Fj
.'O' 'r1 Ur' i l'1.�.1;Y►, �J .1. — SA 41TJARY SEWER RIGHT OF WAY
TOV,J WIDE SEWER IMPROVEMENT
11Ef 561 PACE -807, =
Property Address (if any):
THIS INDENTURE, made this day of t, , 19�%BETWEEN►
IMrs ((J. 4im, /'?f7�A, ' C'r9��'y Y
referred to herein as GRANTOR and the TOWN OF ITi1ACA, 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, 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 o
forevert A permanent right of way to enter upon, con struct,•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
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 abovo premises shall constitute a release from
any such lien(s) of the easement granted herebyt
Upon completion of the original construction, the temporary easement hereinabove granted
will terminate and the grantee's rights of access to the said sewer main shall be limited to the'
20' permanent easement as set forth on the attached map. Grantor intends by this limitation
to preclude grantee from entering grantor§ lands for the purpose of connecting new or additional
users to the said sewer main as it passes across or upon the lands'of the grantor..
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
Y
4&
U!Ew 561 PAGE 808
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:
e•
e4
e
e' •
I
0
I
0
LIBEh 561 FACE 809
ILL-
Wl kI
F,.3
It
w
L.20
Ito
°/ �/,'/ /gPk-Qm6NOvT O.TMOM
/ ", ,/ '®r ON 7W
OF VKS W-
m8Ry CAKY)
610 CODI)INGTOIN rRD
I.iBtk 561 PACE 810
This instrument shall bind the parties hereto, their distributes; personal representatives, successors and
assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR(3)
and/or the holders of this lien
WITNESS: (sign below) :
STATE OF A% ew KSNk< SS --
COUNTY OF Tare
�Nwdausl On this •2 3 day of Jv e- 19.77 subscriber.. before me, the subscriber.
mesa personally appeared Jeifma s co, (:/f/?&
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 acknow] ged me)tlfrat he myentt same,
JO IF F!"AT*M MAP
Notary Public, Stale of Now York
STATE OF ) SS.t Qudihod In tompklna County
COUNTY OF ) My Conn wan tapirs Maid 30, vv
(lndtvtdua! On this day of 19. . before me. the subscriber.
actbo.+kstt- personally appeared .
mesQ
to me personally known and known to me to be the same person (s) desm'bed In and each of
whom executed the within instrumen` and duly acknowledged to me that he executed the same.
NOTARY PUBLIC
STATE OF ) SS_*
COUNTY OF )
(Adceowtedp On this day of 19. . before msa the subsm'bQ.
some bi�7 personally appeared
outa.aiq� °
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 individuals) desm'bed�In. and whotiexecuted the foregoing instrument; that be. the
subscribing witnes% was present and saw him execute the same; and that be. said
. at the same time subscribed his name as
witness thereto.
NOTARY PUBLIC
STATE OF ) SSa
COUNTY OF )
tt••w On this \ day of .19 , before me per6
•am,at�. sonally am
West)
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 and corporations; that the seal affixed to said Instrument its such corporate seal; that It was
so affixed by order of the Board of Directors of said Corporations. and that he signed his name
thQco by like order.
NOTARY PUBLIC
tompkins County, ss:
kecorde!i�on the. ......�..... Day of. 19. `..�....at
M., in fiber ..�........ of . �. ,�............
at Page ... ... an a min@ .................................. Clerk
1
0
1
L