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HomeMy WebLinkAbout027629-001562 FAG. 6i8 TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT 282 Property Address (if any) : .Z 36 4r0 RCS i /-iDME lJ/j": /Jn CON.:J/'� 1'.tiroN THIS INDENTURE, made this p�_ day of a�y�zZ/ , 197 SBETWEEN W11-1 /AM F. SN/PE' M/}R4f2y /q. sN•aS referred to herein as GRXITOR 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 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: 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 1 . • 1 • • n L� I 1. r. 562 60 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 Dronerty_ Additional provisions,'deed references, property descrip- tions (if desired), and description of additional facilities are hereinafter set forth: 1. That the Grantor be notified 10 dews iarieiilot_el:r prior to the begin3ing, of construction on Grrntorls pro�ocrty. Thcit the juniper trt!c b,, the dri.v�,w,�or bo or�)t-,cted from dai-tinge or r(^lau­ed If d,r­i-kaed (i.e.. if it ui , . i thin too ye rs after the E:CC71V:�t:i �111 5. Thot the Grantee creek .tiItil the Gr,intor prior to construction to make sure thi t tl,.e Gr:intorls existing se,.,er lime is not dIs- turbcd by the construction. 4. That the Grantee is s ecificall,,* f^rbidcen from drving any heavy equipment on the Gr.�ntorls )ro,)°rty , ithout )rior oermisston fr-m tllo GrPntor. Thlo provi8ion is intended to nroteet Grrintor's sewer sRstem. 5. That the filling; of the oxcav:3tion on the stoop path�:ay be acomm�lished in ,such a manner as to _arevent erosl•an, and washing of soil on tiie Grnntor's fi-ont la3sn. At 1,,: st 3 cross -ties or some other si.iita0le ret:.3.nnrs accoptable to the Grnntor should be ,)laced in the -oath im,iodl:3tely tlfter f 1llinr. iurtlierr.ore, the grading should be sln)ed so that dr,ainaga is not shifted into the Gr+.�ntor's front la^:n. 6. That distrubed perennial plants, shrubs, and bulbs be re- placed: peonies, iris, rose bushes, tulips, daffodils, and snowdrons. 562 rnr 620 Jos NO. *—g0.0_3 � , 77-0-11 is rIq ZIN 1 \\ P. a ( eo �0 ka PATMMA/YE'N T EA .IINO/OR Te•MIPORARY EAJEMQ'NT' FOR sAN/ rA R Y sE wE'R s THRU LANDS OF TAX ACcOV"-.- No. TOVV" Of /THAcA SEWEJQ SYsrr^1 romAIN N3 C ov#v7-Y NEYV YOR/C CONST. OWG NO. E-A SFM 6N7- MAP NO, re LOVER ENGINEERS, INC. DATE ROCHESTER. NEW YORK SCALE /A'SS'O' FILE NO lu 1 0 1 L7- 0 1 r.. 562 PAH- 621 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 GRANTOR (S) and/or the holden of this lien. WITNESS: (sign below): i-S. . LS. t& xS STATE OF ) SS. - COUNTY, OF ) (Individual On this day of 19. , before me. the subsm'ber, admowledj personally appeared meat) Pe Y 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 ) (Individual On this day of 19. , before me. the subscriber. ■cknowtedr personally appeared meat) Pe Y 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 /V40 ��� ) SS.: COUNTY OF : ('ni/`"''C / Ns ) (Acknowkdr On this -., %,.`/ day of Cc'. �c V. �� 19,�1� .before me, the subscriber. = pappeared sulxtaibDi personally a aced wltats� 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,,04 / E7c���r/r itr7. l ;r�n;y,PiA, /(i�• that he knows said L{//[ i�•�7 i v�h`i F �' <«✓ /?��i'�f t y /I') �Sr/ i F / 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 N0Qgr X 'VLICBEi R(;EN Y Na &s-o 5400pNew York STATE OF ) SS.: Qualified in Tompkins County COUNTY OF ) Term ExP'res March 30, IW7 (mw On this day of . 19 , before me per- sonally tame " OCaII 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 :same thereto by hike order. NOTARY PUBLIC t 1 "t► ,5$ti r��` 622 TITLE INFORMATION FROM PROPERTY OWNERS I. Property Owner (Full name. If more than one person has an Interest in the property, state his name. Ala% state nature of relationship, i.e., husband and wife, or tenants in common. parent and chid, etc) Name. Address & Telephone Number. ,n.t! - , L Property Location and Tax Parcel Number -,:4, ;.t r 3. Indicate who has possession of any or all of the following (cross out whichever Is not applicable) t Abstract of Title: Deed: Also, give following information as to recording In County Ckrrs office (usually found in front of Deed) Page Date of Recording Survey. Map. Sketc : !. Name and address of any person or institution holding a mortgage or mortgages on your property. 3. It you acquired the Property by DUM, please fill in the following: Approximate date (give year If you can't remember mouth) t From whom purchased: 6. If you inherited property, please fill in the following: Approximate date: From whom: • $- ...-.o- Was there a Will? ......... REAL ESTATE JAN 2 3 1978 If there was no Will. was an administrator appointed? TF, , v-P`? TAX r., UUUtYI Y THE ABOVE INFORMATION will be used by Municipal Officials for the purpose of preparing or verifying right of way agreements, communications with property owners eta Tompkins County, ss �1 corded on the. (� .... J .... N ... .SZ, oclock •�. M., in Liber S'oaY of. .19-A ... ....at at Page.. of .. ^�.................. an n :�t-� .......... Clerk • 1