HomeMy WebLinkAbout028394-001L�
1
40
1
uta_v 564 pAsE 465
TOWNN OF ITIiACA, N.Y. - SANITARY SEWER RIGHT OF WAY -
T0.";.d 'HIDE SET'.ER IMPROVEMENT
Property Address (if any): 133 Warien Road (TAX PARCEL 6-66-3-2)
THIS INDENTURE, made this �7 day of � LTi'" , 1918-
BETWEEN HAkRIET B. BRITTAIN
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 any 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 GR.'%NTOR 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 carter 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
i
564 rA,: 486 '
►.►...
dnage to, the sewer main or other faacilities or appurtenances.
}1e GT'J+2:TEE will re ?'�ri,_t itr. c; crnt�e::s to the minimum feasible
width for said nigh`.. of way. �iYicncver c.,ny wor): is done on the
GiJ+2gTOR'S premises the GRANTEE, at no expense to the. owner of the
premises, will remove all debris and will restore the land to sub-
stantiall the same condition it was in before any such work was
Y
done. If any damage is caused to the GRANTOR'S property or i
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,
i New York, irunediately following any such damage or failure to
3 restore the property.
4 Additional provisions, deed references, property descrip-
• tions (if desired), and description of additional facilities are
hereinafter set forth:
l
I1
!,
P�
!:
1
1
0
1
JOB NO./•502—,Y*
/ ,;1;
c�erg
'h
1,w
o 'SF SFO
t PERMA",C"T EASEMENT
AN0/09 rcrAlPORARY EASE'MQNT
FOP .sANi TA R Y sE w.E'R S
T/!RU LA NOS OF TAX A c oC.,nN7T IYO. (06 - -3 Z
row" OF /TKACA S,EWFR SYSTEM
TOMPK/NS C0UV7-YY N6VV YORK
CONST. OWO NO. S EA SFM ENT MAP NO. z_
LOZIER ENGINECRS, INC. UATF
ROCHESTER. NEW YORK SCALC /AP.:SO11 FILE NO.
564 FAST 488 '
This instrum=t s!xzll bind the parties hereto, tixcir distributees, pasonJ- representatives, successors and
assi�-ns_ •
.'. .rI 1 `S V.-HEREOF, tl:is instnunmt Las been duly e-;ccuuZ by t'.,e GRA2:TOR(S)
andlar tLe holders of this Iien
(tadiwtdual
■dLDowiCdt-
mmq
(tn�lvtdual
•rfaowled=-
mmq
(Adaowladr-
vot b7
..e.Criwvg
WhOcLs)
ccwromw
•daewte r
seat)
(&;Sn bdo l
yl 3"1"
STATE OF
COUNTY OF
On this
personally appeared
��r, T s
' T_C
LS.
T_C
T_S
3 SS-
29. a before me. the subscriber,
to me personally known and known to me to be the same person (s) dcscrs'bed 'sn and each of
whom executed the within instrument, and duly acknowledged to me that be executed the same -
NOTARY PUBLIC
STATE OF sS"
COUNTY OF
On this day of 19, , before mp the subscriber,
personally appeared "
to me personally known and known to me to be the same Person (s) dcsan—md to and each of
Whom executed the within instrvrimcn% and duly acknowledged to me that be executed the same -
$......... .0...........
REAL ESTATE
MAY 2 "j- 1978
R, TAX
Is
Cou"41 Y
NOTARY PUBLIC
e•
STATE OF 04 C ' SS —
COUNTY O �/�K/ NS
before me, the subset-bc4
On this !-4��`i day of
Personally appeared / At(l/1 CNC"-
the subscri-bing witness to the forcgoing instrument, to me personally known, who being by
me duly sword, did depose and say thatberedder At R A 4z CAIrrFL-, /`fICLS f �
that be knows said 11 /7 /L i ,i tT P, 77A "V
to•be the individual (1) daQa'bcd%n. and wino cxccuted ebe foregoing isutrvmcnt; that he. the
subset/wing witness. was prescnt and saN him exccvte the same; and that be, said
at the same time subscribed his na= u .
witnco tfsotto. 1�r �(I ll/t1G2�C�t -
NOTARY PUBLIC
STATE OF
COUNTY OF c ;:
on this 'day of
19 . iry ram me per..
sons y ame
to me personally known wbo, bang by me duly swore did depose and say that be rLsides at
that be is the of
the ecrparaeon doaSbed In send wbich executed the above Instrument; tbabt t�h'at l snxa
of n;d corporation; that the seal ait'ixed to said Instrtammt is such corporate
scaL
so AMled by order of Otte Board of D;"=car of said Corpraratioa, And that he signed hie- -awe
tthe = by Me order.
NOTARY PUBf1C
Tompkins County, s;:-.J• () Y 04..�.. .,. •"......et
Recorded on the....`?`-�'-
ss M., n o'drr k and m�
Is
1
F