HomeMy WebLinkAbout050258-00111BER W PACE 348 2181
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TOWN OF ITHACA SEW IMPROVEMENT
MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
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Property Address: Crest Lane, Ithaca, New York
i Town of Ithaca Tax Parcel Number:
THIS INDENTURE made as of the �ay of _�• 19 85 ,
BETWEEN: JOHN P. HERTEL and MARTHAW HERTEL
referred to as the GRANTOR, and
the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, New York, herein also referred to as GRANTEE, its
successors and assigns,
WITNESSETH:
WHEREAS, the said Municipality has authorized the
construct' n of facilities for the said Project which include
sewer UNM ` °' —m Pipe lines and appurtenances which by reason
of the topography and grades in certain locations must depart
nt
from esot 1' hed highways in order to render proper VVWK
and service to property owners in the said
Municipality, and
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WHEREAS, the GRANT�Q� �s th owner of or has an interest in
a or
real property where the `firms pipe line or lines and
appurtenances or other facilities must cross or encroach 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 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 of Ithaca, as such
Municipality, its successors and assigns forever: A permanent
right-of-way t to construct, operate, maintain, repair
and replace a s� we�`w pipe line and appurtenances or
such other facilities as are herein described on the lands of the
GRANTOR in accordance with official plans and specifications
filed originally at the office of the Town Clerk of the Town of
Ithaca; the width of the right-of-way is 10 feet
the
center line of the pipe as actually laid shall be the center line
of the right-of-way.
SM ESTAIN
APR 18 %W
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EASEMENT -- Town of Ithaca P er Improvement
1.10 616 PAGE 319
Tog her with a temp ary eas ent duN
'th% peri of
iginal nstructi over s much of he ownro ty a maybe ecessa for men and vehi les whil the main ndapp tenanc (or an other cilitie speally scri ed
be?o are b ng inst led, wh h temp ry ea ent al o
shown n the a ched ma
• 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(s) of the easement granted hereby:
ALL THAT TRACT OR PARCEL OF LAND in the Town of Ithaca, County of Tompkins
and State of New York on, over and across the premises conveyed by the
grantors herein to Michael Koplinka-Loehr and Carrie Koplinka-Loehr as conveyed
to them by the grantors by deed recorded in the Tompkins County Clerk's Office
in Book 610 of Deeds at Page 1086 on July 31, 1985, which said deed reserved
a right of way for a sewer extension running from the manhole set near the
southwesterly corner of the premises so conveyed by the deed recorded in Book
610 of Deeds at Page 1086 crossing the southerly line of said premises
approximately 22 feet easterly of the pipe marking the southwesterly corner
thereof, and continuing northerly to an existing manhole on said premises.
It is intended hereby to convey a sewer easement 5 feet on each side
of the above -described line which is the center line of said easement,
more particularly shown on a survey made by T. G. Millers Associates
under date of June 14, 1985, amended July 25, 1985, a copy of which
said survey was attached to the deed from John P. Hertel and wife
to Michael Koplinka-Loehr and wife dated July 31, 1985 and recorded
in said Clerk's Office July 31, 1985 in Book 610 of Deeds at Page
1086.
• , .
sewer
The 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 .tee title to said
property covered by said right-of-way, subject to the rights and
privileges herein granted to the GRANTEE, and (2) the GRANTOR
reserves the right to use and enjoy said premises provided that
such use shall not interfere with the construction, maintenance,
operation or repair of, or cause injury or damage to, the 10iMsewer
main a other facilities or appurtenances. The GRANTEE will
restrict its operation to the minimum feasible width for said
right-of-way. Whenever any work is done on the GRANTOR'S
premises, it is agreed that, without expense to the owner, all
debris will be removed, the premises will be restored to
substantially the same condition they were in before such work
was done; the GRANTOR shall.give prompt notice to the GRANTEE or
its agents of any damage to the property or failure to restore
the same properly. Such notice must be in writing and must be
given promptly in order to enable the Town to notify the Town
Engineer and the contractor, if any, who performed the work on
the Project. Any action against the Town must be commenced
within two years from the happening of the event upon which the
GRANTOR'S claim is based or within such shorter statutory period
as may be applicable.
•
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LIBER M PALE 350
TITLE INFORMATION FROM PROPERTY OWNERS
1. Property Owner (Full name. If more than one person has an Interest in the property, state his name. Also,
state nature of relationship, i.e., husband and wife, or tenants in common, parent and child, em)
Name, Address & Telephone Number: JOHN P. HERTEL & MARTHA W. HERTEL,130 CREST LANE,ITHAJA,NY
Michael Koplinka-Loehr & Carrie Koplinka-Loehr, Crest Lane, Ithaca, New Yor.
S. Property Location and Tax Parcel Number Crest Lane, Tompkins County, Ithaca, N.Y. .
part of 66-3-3.2
S. Indicate who has possession of any or all of the following (cross out whichever is not applicable) :
Abstract of Title: JOHN P. HERTEL
Deed: JOHN P. HERTEL
Also, give following information as to recording in County Clerk's office (usually found in front of Deed)
Hertel Koplinka-Loehr
Book 312 6]A/
page 319 1086
Date of Recording _ Apr 1l
2. 1949 7/31/85
Survey, Map, Sketch: JOHN P. HERTEL.
4. Name and address of any person or institution holding a mortgage or mortgages on your property. None for Hertel I
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S. If you acquired the Property by DEED, please fill in the following.
Approximate date (give year if you can't remember month) : April 2, 1949 ;
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From whom purchased: Mary W. Warren
6. If you inherited property, please fill in the following: N/A
Approximate date: N/A}
}6;
From whom: N/A
Was there a Will? N/A
If there was no Will, was an administrator appointed? N/A
THE ABOVE INFORMATION will be used by Municipal Officials for the purpose of preparing or verifying
right of way agreements, communications with property owners, eta
116ER 616 PAGE .35i
This instrument shall bind the parties hereto, their distributees, personal representatives, successor and
assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTORS)
ltnd/or the holders of this lien
j1TN ESS: (sign below): I %�
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�rrr'f..r.......«...».»....»..........L.S.
Martha W Herte
»......... »................. ......... .............................. ............ »»»»._».»» ....»» _ ................. w......................»..»....._».»....__ _ _ .»_.......... . LS.
..................................... ............. .»..............LS.
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
(Individual On this 4-tk day of () ct� � 1985 , before me, the subscriber,
acknowledg• personally appeared JOHN P. HERTEL & MARTHA 1't4 HERTEL
meat)
to me personally known and known to me to be the same person (s) described in and each of
whom executed the A** ksj(VtMMand duly acknowledged to me that he executed the same.
Notary Public, State of New York
No. 4664563
ualifiedin Tompkins Counly,_ .._.._».._.........»t........_....._..».....».. _.........._...__.» . .
Term Expires March 30, 19 (o NOTARY PUBLIC
STATE OF SS.:
COUNTY OF )
(Individual On this day of 19, , before me, the subscriber,
acknowledg• personally appeared
went)
to me per 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.
...._»...»._.. ...... »»............... I..... .......
».........___-- .__»...__...
NOTARY PUBLIC
STATE OF SS.:
COUNTY OF
(Adtsawledg. On this day of 19, , before me, the subscriber,
went by personally appeared
subscribing
witness)
_ the subscribing witness to the foregoing instrument, to me personally known, who being by
me duly sworn, did depose and say that he resides at
that he knows said
to be the individual (s) described in, and who executed the foregoing instrument; that he, the
subscribing witness, was present and saw him execute the same; and that he, said
at the same time subscribed his name as
witness thereto.
»._.......... .__.»».»
NOTARY PUBLIC
STATE OF SS.:
COUNTY OF )
(Corporate
On this day of , 19 . before me per.
acknowledg• sonally came
meat) '
to me personally known who, being by me duly sworn did depose and say that be resides at
• that he is the of
the corporation described in and which executed the above Instrument; that be knows the seal
of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was
so affixed by order of the Board of Director of said Corporation, and that be signed his name
thereto by like order.
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