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9.'7 564
TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY
TOWN WIDE SEWER IMPROVEMENT
Property Address (if any)
THIS INDENTURE, made this �day of i`/ASIK 1976 BETWEEN
eo�er a. d /V+H rIq 0007VI"T I-e'lla
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 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 t
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 ary other facilities) con-
structed on said premises shall remain tl.e property of and shall be
under the control and supervision of the GRANTEE, but the GRANTOR
(1) reserves the underlying fee title t,) sa d 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.&F 564 FATE 454
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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I lEh 564 ras; 456
This instrument shall bind the parties beret% their distributeek personal representatives successors and
assigns,
IN WITNESS WHEREOF. this instrument has been duly executed by the GRANTOR (S)
and/or the holders of this lien
t t YtU
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REAL ESTATC
STATE OF
COUNTY OF
(Lodividual On this
TrZ TAX
ad mowkttr
ascot) person;lly appea
((jlJi Ji Y
SS
LS.
S.
T S.
T S.
19. . before me. the subscriber.
to me personally known and known to me to be the same person(t) 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.
mmtj 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 / ►' � t�lC/L - S3,:
COUNTY OF iCm%��� iLT
(Ad mowteds. On this day of /1'%!' 1 19. 7j , before me. the subscriber.
marts �aa personally appeared
witne u)
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 '4,V ) , 4/t t C 1511,7 ,, S Tr'c e-4
to, be the individual (s) descnbed�in, and who executed the foregoing instrument; that be. the
subscribing witness, .)Kra!-prrsent and saw him execute the same; and that he, said
leltl
at the same time subscribed his name as
witness thereto.
NOTARY.P,UBX,IC�,-
STATE OF SS.:
COUNTY OF
(corporate On this day of . 19 , Ir_fore;lne per. 1
ate) �'e' 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 steal
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.
NOTARY PUBLIC
fmpkins County, ss:
\6corde`d on the.. ......; ,........ Day o{...,..
•\o'clock . M., in Liber .... ;I- y. ...... of ..............
at Page .�S,CJ ................. an rain
................................. .... Clerk
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