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E A S E M E N T
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: �2,) pu1601S R0. , FTH-4CA / /U- y,
Town of Ithaca Tax Parcel Number: 2 — 1,2
THIS INDENTURE, made as of the _22�day of
BETWEEN: I ii» and Deb-aL.D'c+r-,c�h Q�� u. Y. /y-vrb
referred to herein as GRANTOR, and
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the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, hereinafter called GRANTEE or TOWN,
its successors and assigns,
WITNESSETH:
WHEREAS, said TOWN is about to construct a system of sanitary
a 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
z' TOWN, and
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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 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, 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 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
following lien(s) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby:
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t�Etz 634 277
DUB IS ROAD 2
mrHT OF WAY A
M.H. _-....... -.. !
219 .o .,,,., 0 , Y NJ Im UWT
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/ 2 PERMANENT
I 0 F EASEMENT 20' /
v ems•
rt'I f7Q1 TEMPORARY /
EASEMENT 50' I
e4%
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TAX PARCEL #: 22 - 2 - 1.2
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
TOWN OF ITHACA SEWER SYSTEM
TO MP KINS COUNTY NEW YO RK
CONST. DWG. # EASEMENT MAP #
FILE t # 1987 Pkas, I DATE
SCALE / �/ 7 _
. tw* 634 PAa 278
EASEMENT -- Town of Ithaca Sewer Improvement
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 construction, maintenance, operation or repair
of, or cause injury or 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 substantially 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 references, property descriptions
(if desired), and descriptions of additional facilities are
hereinafter set forth:
1. The Town of Ithaca agrees to pay for an independent seismologist
should blasting anywhere on the 221 DuBois Road property be
necessary. Further, no blasting shall occur within 100 feet of
house under any circumstances. If any structural damage occurs
to house as a result of blasting, the Town of Ithaca is respon-
sible for paying of repair.
2. The Town of Ithaca agrees to provide the sewer hook-up to the
house at 221 DuBois Road. This agreement covers all work and
materials up to but not through or into structure at no charge
to the Dietrichs.
3. The Town of Ithaca agrees that if any trees die as a result of
transplanting they will replace it with a tree of the same size.
4. Finally, no work shall be done between the 8th and the 26th of
February 1988.
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(S) and/or the holders of this lien.
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WITNESS: (sign bel w)
$ REAL ESTATE
MAR 8 1988
TRANSFER TAX
TOMPKINS
STATE OF NEW Y COUNTY
COUNTY OF TOMPKINS:
Onthis ........................ day of .....................
appeared
LlerR M4 part
.... : 'Lt = -4' -... ... .............L.S.
........................... * ............ . ... ........ *'.'.-.—'.'.*-."—..L.S.
........... ........................................ _................................... L.S.
........................... _........................................................... L.3.
19 , before me, the subscriber, personally
to me personally known and known to me to be the same person (s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
STATE OF ................................. SS.
COUNTY OF ............................:
On this ........ ............... day of
appeared
NOTARY PUBLIC
19 , before me, the subscriber, personally
to me personally known and known to me to be the same person(s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
................................................................
NOTARY PUBLIC
STATE OF?�rz:�J.. SS.
COUNTY OF+�:r�
On this ............ _... day of %r.ZA..5:_................... 19'before me, the subscriber, personally
appeared ✓ �- �� j _� `Zt-t �.�_. P�/
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 / i 3 —e
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 he execute the same; and that he, said�<_ Lam"
'4- at the same time subscribed name as witness thereto.
JEAN H. SWAR'i WOOD
µotaryry Publlc•Stafe FA New Yon
puslifledfnTompkheCounry — """
Rett #4702044 NOTARY PUBLIC
fM Conttrilabn Expine
trtb, fu,10 %a
STATE OF ................................. SS.
COUNTY OF ............................:
On this ................................ day of ........................................................... 19 , before me personally came
to me personally known who, being by me duly sworn did depose
and say that he resides at ,that he
is the of
the corporation described in and which executed the above Instrument; that he 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 Directors of said Corporation, and that he signed his name thereto by like order.
..................._......_.........._...................
NOTARY PUBLIC
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