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HomeMy WebLinkAbout058100-001• LitER 635 FAa 829 i E A S E M E N T i TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 40t 4Argnl$ 8. PA-TFS 0�. e TTm4c4 Town of Ithaca Tax Parcel Number: 2 4 - 3 --2,2 THIS INDENTURE, made as of the .62 % day of �I cCG-+� �e v , 19 $ 7 , BETWEEN: COUAoolr y 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, and WHEREAS, said Municipality (Town of Ithaca) has informally agreed to accept ownership and maintenance responsibility for the main collector sewer at the Biggs Complex from the point of connection of the Town sewer improvement, not including building service lines, as Town Sewer Improvement mains, as shown on the attached map, and does hereby agree to execute an agreement with the GRANTOR (Tompkins County) to that effect and does further agree to assume ownership and maintenance of the Harris B. Dates Drive upon completion of joint construction thereof; 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. 1 USER 635 wx 8W EASEMENT -- Town of Ithaca Sewer Improvement 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: 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: REAL ESTATE c 5 MAY 9 1988 TRANSFER TAX TOMPKINS MUNTY • • 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. ! 2 i I 0 LIBER Pk„E Z331 wzw War Cl) Waa as a ; >0 : r a�w zz � 050 Q� d'wN4 wAUl wzA WE, Fz A� U z wax �a y z boo w o oN A i ��s H06.4 �„ a H o u 04 ' • L-i3Elt` 2 o 29 ecE a 09 09 e : ej Vi w kl o� U C C V 49 G1 o c N '= U o 0 y 1 E $o PATE 832 � S: (sign below � �p _»_»»».._... »...»....».......». »»»........._...... »»... L.S. STATE `OF NEW YORK COUNTY`OF TOMPKINS: SS. 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. .»»................. ».... NOTARY PUBLIC .» ».».._..... STATE OF ...: SS. COUNTY OF ... Onthis ..._.»»»..»..... 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. .»»...... »_... ....... _.... » ._._ .... _......_.._.... NOTARY PUBLIC STATE OF SS COUNTY OF .... �..»».»_..._.»: On this ._._ .. day of ..».....»»....�....... » ._..»»., 19 , before me, the subscriber, personally appeared 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 he execute the same; and that he, said , at the same time subscribed name as witness thereto. .»»................. »..... ».»» ._.».»..».»_.» .» _..... .»... NOTARY PUBLIC STATE OF lY.!`w—.A—: COUNTY OF ss' On this .x»' .»......»....» day of ..QGCPri&»»»»..........».. ...y 198 , before me personally came G, Ca� to me personallyg , known who, being y me duly sworn did depose and sa Lao resides at 10 8 Corx s4c t kW) , thatsbe is the Na.i.n-.K'. . f- &" of P'r fu Er v.s the corporation described in and which executed the above Instrument; that she 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 XW&WW of said 961P"ADK and that she signed hWhame thereto by like order. Representatives County Notary f'., r, `- v Ya1c.W G� L.�... � _s� ;�.ti! Y�1./�:._............._.... r") "'' "" NOTARY PUBLIC Qualified in Tompkins Canty - Term Expire- March 30, 19.1 C7 • •