No preview available
HomeMy WebLinkAbout028388-001rl • • 1 1977 ►.►ebk 564 PACE 461 TOWN OF ITHACA, N.Y. SANITARY SEWER RIGHT OF WAY - TOW:. WIDE SEWER IMPROVEMENT Property Address (if any): 618 Coddington Road (Tax Parcel 6-49-1-5) THIS INDENTURE, made this , p I" day of %��� 19-a BETWEEN Kenneth R. Heath 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, ac;:irig 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 officg 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 litre 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 paid 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 P.kn 462 damage to, the sewer main or other facilities or Appurtenances - The GFJ,I:TEE will z::strict its operations to the minimum feasible width for said right of way. i-?hcnever any work is done on the GFJ►NTOR'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 worklfas done. If any damage is caused to the GRANTOR'S property o such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing_ to t7he GRANTEE at the Town of Ithaca Offices at 126 East Seneca Street, Ithaca, to New York, immediately following any such damage or failure restore the property. Additional provisions, deed references, property descrip- tions (if desired), and description of additional facilities are hereinafter set forth: /,�bc)S ' S/� of 77✓�" GR/� �ti`Ay 7'U,f/Vr k0LYVL 19N6 'oIVI F�9�1�M�ni r . .. • . f ' e, ey ' e ' o 0 -1 J 1 1 Ll D'o. An/o/oR T�/v�PJRA�Y EA�,�MIa-Ni f'o.Gt s,gNi rr� R Y s. W.ER s 4. J,9 i Thy R To wN oF' /7-HAc /a /03 CON-ST. ©wo Nd• �`�SUMENT MAPNo.— LOZIER ENGINEERS. INC. ROCHESTER. NEW YORK DATE SCALE /-. jOi FILE N0.18667 1 I.IN� 564 FADE 454 77,;s instrument than bind the puacs hereto, their distributes. personal reptesentat;ves, successors ant (Lodi„dssal mmp Li V.'JTJ;isS I'MY-REOF, this instrumtmt h: t bus duly executed by the GRANTOR (S) . d1or the holders of this Iie1 (sign below); /i �) • >-S RECEIVff- $.......:.p........... REAL ESTATE STATE OF MAY 2 3 1978 SS -- COUNTY OF TRi1i.' TAX On this dIFUPKINS l9, . before me. the subscribes personally 2P?ClrCdl ',►'VuWy to me pcnonally known and known to me to be the same person (a) described in and each oI whom executed the uitMn instrument. and duly acInowledged to me that he c xecnted the same. NOTARY PUBLIC - STATE OF SS_: 'COUNTY OF (!►sdtriduat On this day of . 19, . before me, the subscriber. ac]aow3cr• personally appeared mcoq to me personally known and known to me to be the same person (a) desmbed in and each of whom executed the within instrument, and duly acknowledged to me tbat he executed the same. • NOTARY PUBLIC STATE OF ,eta rltx- COUNTY OF.�p%//r//PSG NS ; r (AAnowle4& On this ��/m day of %f� 19-0 , before me, the subsm'ber, mast br posonally appcarrd 7/1,13 14aeve e 6 104/! wtuoo� tLe subscribing witnes to the forcgoung instrumrnt, to me po'sonaDy know, was bung by Tile duly sworn did depose and Lay that he re3idC2 at o7e(l e,,VF /FCC J`�4(LS iK7 that Lc knows said 1�-&/NL i7J /Q to•be the individual (a) doQ1'bcd'iry, and who executed tLe foregoing tnstrumrnt; that br, the subsai'lling witncis,/jwasL_res—t and saw him execute the samc; and that be, said 1 xv),z e"Vee lam• 1 A13, 1t 0,(/� at the same time subsm'bcd his name as witnca thxst10, NOTARY PUBuc Yor, STATE OF SS : my COUNTY1OF � .F � iv On Ellis •day of , 19 Mort me pc- • l^ reran czme maDg to me personxDy known wbor bdog by me duly swore did depose and Lay tbat be resides at that Ile is the . of the crrparation dmcn-bed to and +wbicb executed tLe above Iruu mint; that bt lno'+•s the ►ril of said corporation; that the sal aluxed to Laid Iru rumcmt is such corpo:�tt anal; that it wa+ so ataucd by ocdrr of the Be" of Dironass of said Corporadon. and that Ise breed his name char= by Mc aria NOTARY FUBLIC Tompkns C:'.tn'y ti;. Recordod on fhe. ... Day of 19� ....at • do \� ... o doLk M., in Mbar ... ........ of ..• .....��.13 ............ at Page .... .................. and exerined. Cerk " 1