HomeMy WebLinkAbout064330-00110i97 3 REAL ESTATE
LIBER 651 WE 596
M DEC 15 1989
E A S E M E N T !.
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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..
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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
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(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
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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
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