HomeMy WebLinkAbout033169-001' SIM 575 PACE 350 40
TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY -
TOWN WIDE SEWER IMPROVEMENT
Property Address (if any): III torsr HWVM
THIS INDENTURE, made this day of SEMM89a 19 79
BETWEEN a wR p A/Va 7 ql�l,� STR/7
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 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 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
a
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• usa 575 PACE 351
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 oeowner - of the
premises; will remove all debris and will restorre jtshe land to sub-
stantially the same condition it was in before any such work was,
done. Tf 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 eS� mesa Street Ithaca*
LYork. a late y fo ow nq eny sueamage or a ure totore the property.
Additional provisions, deed references, property descrip-
tions (if desired), and description of additional facilities are
hereinafter set forths
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• LOZICR ENGINEERS. INC. DATE 77/9/7?
ROCHESTER. N -EW YORK SCALE /N.TXC* RILE NO. '?oo93�.
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• LOZICR ENGINEERS. INC. DATE 77/9/7?
ROCHESTER. N -EW YORK SCALE /N.TXC* RILE NO. '?oo93�.
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LEEN 575 PACE 353
Instrument shall bind the parties hereto. their distributees. personal .repretentativet, successors and
• s
IN WITNESS WHEREOF, this instrument has, been duly executed by•tlie GRANTOR M.
• • ' and/or the.holdcrs of this lien
. w! S: (sign bel
V.
• . LS.
_LS•
STATE OF ) SS•:
COUNTY OF )
fiedividad On this day of l9;' . before me, the subscriber,
k' personally appeared
to me personally known and known to me to be the same person (s) described in and each of
whom executed she within instrument. and duly acknowledged to me that ht.executed the, same•
NOTARY PUBLIC
STATE~ OF ) SS.:
COUNTY OF )
pndividrd On this day of 19. . before me, the subscribers
personally appeared
to me personally known and known to me to be -the same person (s) described in and each of
whom executed the within instrument, and duly acknowledged to me that he -executed the same.
• NOTARY PUBLIC
STATE OF/,tu., C�. SS.t
COUNTY OF
On this TA` day of %/v�42c 19jP& . before mes the subtaiber.
personally :appeared
� 'Tldee► �'"�'�%�!t ,✓i
the subscribing witness to the foregoing instrument. to me personally known, who being by
we duly sworn. did depose and ay that he resides at 1;:e7 K N
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that he knows said 6V Vr we r'
to be the individual (a) described in. andwhg,! tecuted the foregoing instrument; that he. the
subscribing witness► was present and aw. execute the some; and that be. said
/Met ".V e f ` ioYp�R°.tom . at the same time subscribed his name Y
witness thereto " CCntc •� �ic�tc4_,
NOTARY PUBLIC
STATE OF i SS.t
COUNTY OF )/
On this day of .19 . before we pen
>� wr sonally Cause
to me personally known wb% being by tae duly sworn did depose and ay, that be nddei at
•that he is the of
- the Teal
the corporation described in and which executed the above Instrument; that he knows
of said corporation; that the seal affixed to said Instrument is such corporate seal; that ft was
• so affixed by order of the Bond of Duction of said Corporation, and flat be signed Lie name j
thereto by like order.
w br � NOTARY PUBLiC
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