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HomeMy WebLinkAbout028389-00111 11 1 . 1978 564 F.hq 465 TOV;'IJ OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TO',-M WIDE SEWER IMPROVEMENT Property Address (if any)! 620 CODDINGTON ROAD (TAX PARCEL 6-49-1-6) THIS INDENTURE, made this s() � day of _ 4/, 192R BETWEEN KENNETH AND MARY SPAULDING 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 TUWN 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 vralues 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 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 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 . �E 466 d�;.age to, the sewer main or other facilities or appurtenances. 'P-.21TEE will restric, its operation to the mini!lum feasible width for said right of �:ay. 1•.tienever any Work is crone on the GF,hNTOR'S premises the GRA,'TEE, at no expense to the.owner'of the prr-nises; 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 the such property has not been properly restored by the GRANTEE, GRANTOR shall give prompt and due notice in uniting to tine GRANTEE at the Town of Ithaca Offices at 126 East Seneca Street, Ithaca, New York, immediatel followin an 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: 7 7 i 1 Is 1 I I I 564 �ASE 467, C +1 ILI k) 26' P E. 2 Of ------ PeoeM~c" r Z'A ffdrowc" r AA1,010A. ram000-,vARY -`FA.5X.,0W,9r"r /-Ayz7-T o,,w TAX A c c a cl^t 7- 49' row" 0,P17-14ACA -FeWe-'T SYSTEM 7-OM-P"N/dV-,: C04;"7-^e, -#Y'CVV V'o-OZAC co*var Dwo No. A XA.YZM xv r MAP tv-*. 42- LOVER ENGINEERS. INC. DATE ROCHESTER. NEW YORK SCALE FILE NO. t t.�DE 564 rticE 468 7112 instrument 0h111 bind the parties bo•eto, tlrcir distrrbutem p=sonal representatives, successors an' I1d 15'1 a :L`S i'.^r'FREOF, ties irut--umr has be© duly execute;! by tb. GRAJ:TOR (S, andfoi the bol3crs of this Iicn NV (sign below) : a LS (tndiridssa r. &DO-W& .amQ STATE OF COUNTY OF On this personally appeared 3ss 19, , before mry the subsessbm to me personally known and known to me to be the same person (s) described in and cacti of whom executed the within instrument, and duly acknowledged to me that he executed the same NOTARY PUBLIC $..._. :0 " REAL ESTATE TAX CJUxd(Y STATE Oss F' 'COUNTY OF 19, • brsore mq the svbsmbQ, On this day of (tnetriexuel . ecWMevlcctj•• perwnilJy appcartd . mmq to me personally known and known to me to be the same person (s) dcsaibcd in and nch of wbom executed the within instrur;cnt. and duly acknowledged to roe that be executed the same NOTARY PUBLIC STATE OF A&�) COUNTY OF �� p, �o�Ci A/S , (Acknerlodj'• On this LPL �jt{ day o:,before loc. the subsonber, meat bi personally appeared /� ,ut,.crfb:=Z [ A f We e' / who b8n b the subsmbing w'susest to the foregoing instrumrnt. to me pasonaIIy known. g T me duly sworn, did depose, and say that he rmiddcs at ad a Pas that Ile knows said / lC r(I Vj7?4 V. 4W C1 aS4 A15 to•be the individual (2) desusbed,;n. and wbo executed the foregoing instrument that be, the subsrn'b;ng witnnw4 was pracnt and saN him execute the same and that bc. said at the same time subsrn'bod his name as witnen thxatto- NOTARY PUBLIC' .. • i01. ° STATE OF se,• yiY OOUNTY OF 19 , tr_tart me pa - 'day of ' e t.d:• sonxDj axme emq to me person&Uy 7MUwn wbq bong by me duly sworn d;d depose and say that be resides at 012 t Lc is ibr of the torpoeat;on described in and which executed the above Instrument tba�2 � � �L � of rid corporation; that the seal AMxcd to ta;d Instrument is truth corpora so zMxcd by order of the Board of Mro ws of said Corporauoia. and that lit sirncd hu same &hears bT Mc oada. . NOTARY PUBLIC unpkim County, ssa De o}.'0." 19 .....at . �Ccorded on the.:.... `T f:............° do �. o I k . M., in Liter........ o} Q� and e ned. .' al Pagia ...... ........ Clerk e 0 • 1 • 1