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HomeMy WebLinkAbout028385-0012 I low 564 Parr 449 r01-d OF IT11T.CA, N.Y. - SANITARY SEWER RIGHT OF WAY - TO„' WIDE Si;.7ER IMPROVE?•LENT Property Address (if any): 145 FOREST HOME DRIVE (TAX PARCEL 6-66-4-22) THIS INDENTURE, made this j _ day.of f%qY , 19 78 BETWEEN ClMLES McCORD RNO FRS T'�h�l✓ /�%CnrO 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 property in said Town where the sewer line or lines must cross or en- croach 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 stabilization of property values and protection of health and other- wise, 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 successors 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 shovm 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 vehiQles while the said sewer main and appurtenances (-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) constructed 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 564 450 dri aage to, the sewer r..T+in or other facilities or appurtenances. V' e GRANTEE will rest:1C- it:: to the m'_niznum feasible width for said right of wa}•. :,t:er,cvc�. any work is done on the Gr,;LNTOR'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: .. i 11 1 • 1 E 1 C , J 1 1 E 1 C , J 1 [1 L I� 0 �564Ae�E O45 02-.3 r 1 i PE pf Nr 20 DMEN \ .27 c 50�5� EN;�• (� �1 T 3- a-, 66 rY. yN jr 1 , C i e _---15'T. E10 -70 Ld 14 Li- 6S-4 - 22 N.O.9 — XA ♦<Mo/aR 7-ENIPGRA rl Y -A Foy sAn// rA �e Y sE w,E�e s ro vv" of /7-HAC A SE wE"R sYs rs�+-t 7'oMPK/n/s COUNTY /V�"w YORiC =ONST. DN/G h/D. 8 EAsEN)£/VT MAPMo. 23 LOZIER ENGINEERS. INC. DATE ROCHESTER_ NEW YORK SCALE /�'�S-� FILE NO. � 564 rasE 452 ° 'I'1r s instrum=t sha11 bind the parties bereto, their distrt'butees, posonal repiesent2dves, successors an IN 1:'JT):ESS 116TEi.LO1', this irutru.-nwt has beta duly executed L� the GTJ,?tTOR (S andfoi tLc holders of ties lira N' . (sign below L (tsdivtaual •"0-k4c- mm>, pnat.ad"a aeLoowledr- oaoQ T slT_c I 19, . before mp the subscribes to me pcnonaDy known and known to me to be the same person (t) desm'bed in and each o whom executed the within instrument, and duly acknowledged to me that he cxe"ted thr same • NOTARY PUBLIC STATE OF 'COUNTY OF ) On this day of 19. , before me. the subsxibcz personally appeared - STATE OF COUNTY OF On this personally appeared -H $......... V............ 00 REAL ESTATE "4 MAY 2 3 1978 Yt ",\l' FF.R TAX aT6c . �"1(PNS 00UNTY to me personally known and known to me to be the same person (s) diesnSbcd in and "ch of whom executed the within instrurisent, and duly acknowledged to roc that be executed the same° e NOTARY PUBLIC STATE OF 4� yc` L" ' ) SS COUNTY OF -�,"C^i��Vl(l NS (Acknewled& On this // T/9` &V of Yip% 19, ,before mt; the subsm'ber, p-Lt, personally appeared /,!kc',t<Nc� wltool) ° the subsm'bing witness to the foregoing instrumrnt. to me pcsonaIly known, who being by me duly swomi, did do se and say that he resides at �?� �,ti�/fCp r/kLj that be knows said to•bc the individual (s) daos'bcd1n. and who executed the foregoing instrument; that Ise, the subsailbing witnat. was prrsemt and saw him execute the same-, and that be. said • �,glcd� = ,c'c f �� ,r /''3'=''�'v� , at the same time /subsm'bed her na= sv . witnm lhcrct4 votary I>_' .•� o::��w YQI, STATE OF ) SSr r i iC. .. .. ... COUNTY OF... COUNTY . , tri rqq On this ' day of , 19 , b:fofe me Pere •��"[' t.onally came emq to me personxUy knawa wbo. bc;og by me duly sworn did depose and say that be resido at', that be is the of the oxparation dcsm'bed io and wbich etccuted the above Lutru cat; that bt knows the saI of"corporation; that the sal altered to said Insuumcat is such eorpo.att scab; that It -as ao AMI d by order of the Baird of Diroaars of said Corpovatioa, and that bt shoed his some th. by Like order. NOTARY PUBLIC Tompkins County, ss: Recorded on the.(�DQ cf..•••••• 19�......at o'c• M., in Libor.. y ........ of ............ of page ... 1�?;'1�................. and ex a pd. .. .. Clerk r . I I