HomeMy WebLinkAbout057498-001uaE� 634 wE 280 : 1
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: 247 a''' 00aw
Town of Ithaca Tax Parcel Number: Z 2- 2- i 31
THIS INDENTURE, made as of the 2'°O/ day of /y114,-e ! , 19 B8 ,
BETWEEN: 'L!'JA<� �Q�( !<</WQ SS c r LJroGt� Zi ,,14 4T: 6-� 3
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,
its successors and assigns,
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
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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ti!ER 281
DUBO_iS
R O
' 1Q$
PERMANENT
EASEMENT 20'
\\` TEMPORARY
EASEMENT 50'
ILI
/ TAX PARCEL #: 22 — 2 — 1.31
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
TOWN OF ITHACA SEWER SYSTEM
TO MPKINS COUNTY NEW YO RK
CONST. DWG. # IS' EASEMENT MAP # =
FILE # im w sS Pose Z DATE 3 - z - e)8
S C ALE -l" 75'
F
Gt
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l�9ER 634 w 282
EASEMENT -- Town of Ithaca Sewer Improvement
�J
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 drscovery •
o•Fsuch 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. Trees and shrubs damaged during excavation shall be replaced with plants of
equal or better quality.
2. The Grantee shall immediately cause the repair of any damage done to
underground telephone, television, or electric cables or gas lines done by him
or his contractors.
3. Grantor shall be notified 24 hours in advance of excavation being done on
the Grantor's property.
4. No work shall be done on the Grantor's property from March 26, 1988, to
April 3, 1988.
5. No pesticides or herbicides (such as weed killer) shall be used when seeding
the excavated areas.
6. Grantor shall not be required to hook up to the sewer system for a period of
15 years from the date the sewer is available for use unless the property is
sold.
7. Grantee shall contribute the sum of $500.00 to the Grantor within 30 days
following execution of this right of way agreement towards purchase of sewage
pumping equipment and piping ills of as a condition to granting this right of way.
8. The Grantee shall promptly cause the removal of any spoil or
gasoline on the Grantor's property; contaminated soil shall be removed from the
property.
9 The top of the manhole to be constructed on Grantor's property shall be
placed at a minimum of 18 inches below finished ground surface; it shall be
covered with earth to approximately match surrounding ground elevation.
10. Grantor shall have the right to landscape in any way desired within said
right of way area provided such landscaping does not cause any injury or damage
to the sewer main or other facilities or appurtenances; Grantor agrees not to
erect any permanent structures on the right of way area.
This instrument shall bind the parties hereto, their isdistributees, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by
the GRANTOR(S) and/or the holders of this lien.
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L$ER 634 No
WITNES (sign below): �/ �r�4•••�--•-.
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LL.....:...._.,_!......... ......-............... _ ....... ......... L.S.
...........................
RECEIVED
................................................................L.S.
$ , ,-- . P..-- .... ..............L.S.
� REAL EStATE'"""""""' '
_.
aMAR 81988........... .................................................................. L.s.
STATE OF NEW YORK TRANSFER TkX
COUNTY OF TOMPKINS: SS. TOMPKI COUNTY
On this ........................ day of .................................................. 19 , before me, the subscriber, personally
appeared
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.
STATEOF ................................. SS.
COUNTY OF ....... .....................
:
On this ........ ............... day of
appeared
NOTARY PUBLIC
...........1 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 SS.
COUNTY
On this ........... ......... day of .......... 19%-�'before me, the subscriber, personally
appeared �?q,, ,—Z �c�, �7 ..c _ C C_._✓
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 -3/�_
that5he knows said
to be the individual(s) described in, and who executed the foregoing instrument; thatshe, the subscribing
witness, was present and saw he execute the same; and that he, said }� ,
at the same time subscribed name as witness thereto.
JEAN H. SWARTWO0I7 �—
Notarryy Publlc•stata of H4W Yorlt �. �:Gt =s ..
02fisd In To
mpking Covnry
RaQ.U4702W NOTARY PUBLIC
My Conyrrlaabn ��pp�
114 * 11.70
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 be 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