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1984 unk 564 PAGE 489
TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY -
TO N WIDE SEWER IMPROVEMENT
Property Address (if any): i1; FIVE RILE DRIVE (TAX PARCEL 6-30-2-9)
THIS INDENTURE, made this A,•)(` � day of IWO , 19 78
BETWEEN NR)VCI
RICHARD AND 11=1 ARMSTRONG
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 conununity 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 gran* 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 i.n 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 w%ile 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 contrcl 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
t.IPEf 564 PAGE 490
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. S-,henever 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 t7he 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 propert .
Additional provisions, deed references, property descrip-
tions (if desired), and description of additional facilities are
hereinafter set forth:
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JOB No. i302-34
` uoEF. 564 PACE 491
� . 1 $06 Sao
R4rCMA"E/Y T z*ASc'MEN T
.fNO /OR TEMP ORAlZ Y EA selwo" r
FOR SAN/TARY sEW�c'RS �/1 .
Tf1RU LA/�OS C>F T.4 AGOouNT KO. �1-���
Tow/ vF /THAT'. SF`�ver�cr �Ys7rerM
ToMP�f/N COW"I 7"Y .Y.-vv Y'oRfC
CONST. DWG NO. SKT MAP NO.
LOZIER ENGINEERS. INC. DATE
ROCHESTER. NEW YORK SCALE /NsSOO FILE NO.
564 FArr 492
This instn>mmt shall bind the parties bovto, their distrsbutees, po-sonO representatives, successors and
assigrss:
(tssdl'Adwal
.d'"t-7e' e.
meng
IN -sV17TISS 11'iiEREOF, this ilutnunent liar brcn duly executed by the C.PJNTOR(S)
andfoi the boldcm of this Van by (sign blow
��(�✓� v�'krc- C�
L.S.
TIC
T_S
Ss: -
19, . before me, the subscsber.
to me personally known and known to me to be the same person (s) desaabed in and each of
whom executed the within instrument• and duly zcknowledgcd to we that he CxMited the same-
• NOTARY PUBLIC
STATE OF
COUNTY OF
On this
personally appeared
$........ .Q'-..__.. *'*
REAL ESTATE
MAY 7 1978
TAX
difbE,":INS
GOUisiY
STATE OF SSA
COUNTY OF
(tndividusl On this day of • 19, , before me, the subsmbe=.
•ckaos+ladj► personally appeared
mmy
to me personally known and known to me to be the same person (s) dcsmbcd in and nib of
whom executed the within instnsnccrit, and duly acknowledged to me that be executed the same -
NOTARY PUBLIC
STATE OF
COUNTY OF 01ri°i4NS
(Adunewtdffr On this 1�7'd day of In. A,j I9.W . before me, the subsmber.
mmt b7 persanaIIy appeared
sub.eribigt �/C}eU/Z YNC e
vtu.e.4 by
the nsbsmbing witness to the foregoing instrument, to me pcsonaIly known, w o being
me duly sworn, did depose and say that he rcaidts at
• that be knows said 1 <C rf ft� > ` tifi 4, rl TI��S7/loitl�
to•be the individual (a) desQt3ed in. and who executed the foregoing instrument; that be. the
subscribing wimms. was pr_rscnt and saw him execute the same and that bc; said
at the sa ne time subscribed iris name u
witness thereto
NOTARY PUBLIC
Ym
STATE OF Si c. oira,
COUNTY OF
w On the day of , 19 w . bt ore me per,
•�104s- sonaliy came
local) to me personally known wba. being by me duly sworn did depose and say that be 7-16cs at
that be is the of
the oorpeaadon described in and wbich cmercuted the above Iruvumcnt; that bt knm a the sot
of x&M corporation; that the seal affixed to said InsMLIncut is such eorporam sue; tbat it wan
so amxcd by order of the Board of Dimeto s of said Corporation. and tbat he signed hies name
thcsm by L'ke order.
NOTARY PUBLIC
�T�ompkins County, ss- ,19•� A.
llecorded on the.. .. Day o} r .. 1 ...at
o'clock ..K M., in Libor .40 0} ............
and a/"fined _ Berk
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