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HomeMy WebLinkAbout064330-00110i97 3 REAL ESTATE LIBER 651 WE 596 M DEC 15 1989 E A S E M E N T !. T j TkAN Fi:R TAX • TOA"PKI� J$ PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHA COUNTY Property Address: Lot 5, Winner's Circle subdivision Slaterville Road, Ithaca, New York Town of Ithaca Tax Parcel Number: 58-1-8.5 pp.. � � �GcLrn,IfCtJ THIS INDENTURE, made this /.5 - day of Sept-Q r, 1989, BETWEEN: FRANCIS J. PAOLANGELI, of 125 Ridgecrest Road, Ithaca, New York, 14850, referred to herein as GRANTOR, and the TOWN OF ITHACA, a New York Municipal Corporation, with principal office at 126 East Seneca Street, Ithaca, New York 14850, hereinafter called GRANTEE or TOWN, its successors and assigns, WITNESSETH: The GRANTOR in consideration of the benefits to accrue both community wide and to said GRANTOR as a result of stabilization of property values, the protection of health, improvement of GRANTOR'S subdivision, 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 successors and assigns forever: A permanent easement and right of way on Lot 5 of the Winner's Circle Subdivision, twenty feet in width, to enter upon, s construct, operate, maintain, repair and replace a sanitary sewer = pipe line and appurtenances, across or upon the said lands of the GRANTOR in accordance with official plans and specifications filed at the office of the Town Clerk, which said easement for -1U sanitary sewer line and appurtenances is located as shown on the subdivision map entitled "WINNER'S CIRCLE SUBDIVISION FINAL PLAT," by T. G. Miller's Associates, P.C., Engineers & Surveyors, dated February 7, 1989, as amended March 2, 1989, March 9, 1989, and June 21, 1989, and as so amended filed in the Tompkins County Clerk's Office concurrently with the recording of this conveyance. TOGETHER WITH all right title and interest of the GRANTOR in and to the sanitary sewer line constructed therein by GRANTOR in connection with his development of the subdivision. 1 As additional consideration for the conveyance made herein, the GRANTEE hereby releases and surrenders to the GRANTOR its 1 (k, + title to the "Existing Sewer to be Abandoned" crossing Lot 5 of the Winner's Circle Subdivision as shown on the subdivision map referred to above, and the GRANTEE has executed this conveyance for the purpose of such release and surrender. 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 Q 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 1 • 1� u • USER 651 FAVE 597 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 Fast Seneca street. 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 and the GRANTEE on the date and year first above mentioned. Francis J. Paolangeli, Grantor TOWN OF ITHACA, Grantee By: ��� -�' .�� �1 L 4- Noel�Desch, Town Supervisor STATE OF NEW YORK ) ss.: COUNTY OF TOMPKINS) On this Z G day of September, 1989, before me personally appeared Francis J. Paolangeli, to me known and known to me to be the same persons described in and � execu"id, the within instrument and he duly acknowledged o e that a executed the same. / . Notary PuWDUBOW NOTARY PUBLIC, STATE OF NEW YORK NO.4644207 STATE OF NEW YORK ) pUALIF1ED IN TOMPKINS COUNTY COUNTY OF TOMPKINS) ss .: COMMISSION EXPIRES JANUARY 31,190 On this i 5 "� day� of �, 1989, before me personally appeared Noel Desch, to me known and known to me to, and who did depose and say that he resides at 132 Updyke Road, Ithaca, New York, and that he is the Town Supervisor of the Town of Ithaca, who executed the within instrument, and he acknowledged to me that he executed the same, and that such execution was on behalf of the Town of Ithaca, and that the Town Board of the Town of Ithaca duly authorized such executi otary Public JEAN H. SWARTWOOD Notary, Public, State of New Yak Ift Expilp h0. ?4T1AlD l000fdcd on liia.' n .... / �+ ... Oi ...� ..........• 01.. o'clock ..1'.. a, in Lipat ......�`��..... �. ��"qq��, �CJ' dl � ............i.•i Y............ E1K� eOCd , ra.r• .....�i 2 d .i