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TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAX -
:OWN WIDE SEWER IMPROVEMENT
Property Address (if any): 109 McIntyre Place at Forest Home, in the Town of
Ithaca, Tompkins County, New York, 509 Deeds, page 482, Tax Parcel #66-6-3
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4 THIS INDENTURE, made this IUD day of J4-- U, - 12:"199-3 BETWEEN
CV CALUM M. CARMICHAEL and NORMA I.'CARMICHAEL residing at 109 McIntyre Place,
0 Ithaca, Tompkins County, New York,
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,
WITNESSETH: whereas said Town has constructed 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 encroach upon
private property for the above reasons,
NOW THEREFORE, said Grantor in consideration of the benefits to
accrue both conanunity wide and to said Grantor as a result of stabili-
zation of property values and protection of health and otherwise, 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 successor 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 w1Jz:h right :,f wa; along whi-b sai.1 sewer line and appurtenances
is _u be 1•,.i1 shall be substaLit_iali. as ,i-kown on the attached wap;
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 following
lien(s) on the above premises shall constitute a release from any
such lien (a) of the easement granted hereby:
The sewer main and appurtenances (or any other facilities) con-
structed 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
• , Lim 602 PAGE 363
SCHEDULE "B"
DESCRIPTION Of LOCATION OF EASTiWT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town
of Ithaca, Tompkins County, State of New York, and being a
part of Military Lot 92 in said Town, County and State,
and being more particularly described as followat
BEGINNING at a point in the easterly line of premises
of Carmichael (Liter 509 of Deeds at Page 482), which line is
also the west line of premise, of&,luisner (Libor 469 of Deeds
at Page 301) and which point is southerly along the east
line of Carmichael a distance of 33.6 feet from a pipe found
at or about the northeasterly corner of said premises of
Carmichael; running thence southerly along the east property
line of Carmichael, (being also along the west property line
of Neisser), a distance of 10 feet; running thence in a
northwesterly direction 5.25 feet more or loss to a point
in the east line of the existing 2.0 foot permanent sanitary
sewer easement owned by the Town of Ithaca wh#eh runs in a
north -south direction across said premises of Carmichael, and
which point is approximately 42 feet from the southerly
right-of-way of McIntyre Place measured on A course parallel
with the east property line of Carmichael; running thence
northerly un a course parallel with the east property line
of Carmichael, also being in the east line of the existing
20 foot permanent sanitary sewer easement, a distance of 10
feet to a point, which point is approximately 32 feet from
the southerly right-of-way line of McIntyre Place measured
on a course parallel with the east property line of
Carmichael; running thence southeasterly 0,35 feet more or
less Lo Lhe puinL or place of b-girn: ng.
The above described premises are shown 44 the shaded
Q area indicating the proposed easement on the property map
attached hereto and made a part hereof.
�. M mow, •N � .. �(.
N
LIBER 602 PACE 364
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;�; .• 1, jf}1 . • �
MC I NTYRE PLACE
0 f 00 mh
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INVERT ELEVATION 623 1
T��
+Mhn
I roun4 ,,1-
r
411
CARM/CHA£L w•;:9.q�;��
DEED 800K 509 K%Gf 4be �, "'��^ ,..L'��,+; f`4r1
TAX MAP PARCt4 Q
NO 66.6•4 Snood grIQ. odlsolol { • i
1, 1 4 1 propo d }
Nropused yuinl cot con `'�` °'r •'r 'c�, Ir
lidchGn lur huuse nu 111) p
mm
GARAGE
MOT(
*-EVENGkLLN
WITH blow TOUT
LlMb SPNEAU
SCHEDULE "A"
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LMER 602 PAGE 365
-2-
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 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 the 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 property.
Additional provisions, deed re::4are ces, property descrip-
tions (if desired), and description of additional facilities are
hereafter set forth:
1. The Carmichael Property is described in the deed to the
GRANTOR'S recorded in Liber 509 DEEDS, page 482,•in the
Tompkings County Clerk's Office. Its Tax Parcel Number is
66-6-3. The Parcel in which this easement in granted is shown
on the map schedule A and is more particularly described in
Schedule B, both annexed hereto and made a part hereof.
2. The Sewer lateral pipe will be laid in the center of
the proposed easement area as shown on the map.
1
11
I ' LISER 602 PAGE 366
This instrument shall bind the parties hereto, their
distributees, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly
executed by the GRANTOR(i) and/or the holders of this lien
/9Pf3WiTNEss: (sign below);
• MARY B. OBERIIAUS ,
Notary Pulilic, State of New York STATE OF NEW YORK)
No. 468'013
Quaiiiicd in Fenera County % ) SS:
• Term Lxpires March 30, 19p'3. COUNTY OF TOMPKINS) On the loth day of January, 1983
UNITED STATES CONSULATE: before me personally came CALUM M. CARMICHAEL and
SS,VORMA I. CARMICHAEL to me known to be the individuals
CITY OF described in and who executed the foregoing instrument,
and acknowledged that they executed the same.
Before me, the undersigned _T � 44a-
ARY PUBLIC
MARY B. OBERTTATTS
duly commissioned and qualified, and residing in�i'�`r'�'�.
on this day personally appeared at the place above tn�d". "' ""`'` Dun
to me known, and known to me to be the individualeacri%ed in a o
executed the foregoing instrument, and he duly acknowledged to me that
i,e executed the same.
1982.
1
WITNESS my hand and official seal this day of
APOSTILLE
(Convegtion de La Hays du--, octobre,:1964
1. Couatry: _-
T'iis public document
2. has been signed by _
3. acting in the capacity of
4. bears the seal/stamp of
S. at
7. by
Certified
6. the
S. No. _
9. Seal/stamp:
10. Signature:
Tompkins County, ss: C, p of.9 .19. ..d
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on the... AA, in Liber ...... �0 ....... of.i.••••••••••••••
at Pape ..... fd�................. and a .................. �.... Clerk
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