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HomeMy WebLinkAbout064762-0010 • ,•. T^•w'4'T+.'t'{i,`�:'rAy-T:F•'tR`�!Mtf1't iAM x9't'MT+i•r1'h`C:�'9iI1V FJ?T'M!Ax\*J1Y'JttT.H-ti:Mi - . l•. m ,. .� .. .».r . _.. • cy...., • ..r r'.a, r` ;.. .. a ... ..........� snY'�F.n �v_._. :S. ...:w:. •.. .'x..`...uer _.. .; A:.:. , y .. 1`1"'f+FwO.lN"'Nee i5 _.'RY' e£'ILiJ�.Of'•Rtu'w: T..,... ,w. � .yr . `:, r. „. _,. ..,. ,. x...........,.............,...r.r..sw..M... _.«..... ._......,_,,.._�. nnAA..... y _ .. _........ 86i$ USER 652 PACE 647 E A S E M E N T TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS'COUNTYs TOWN OF ITHACA Property Address: °l,12 936 B*gr sKoata PR,.v& Y. Town of Ithaca Tax Parcel Numbers 14b _ 2.2 18-T-3 THIS INDENTURE, made as of the /,'P_ day of��_• BETWEEN: L ST#_/r-(% C. 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 herebys 1 OF ?: RECEIVED REAL ESTATE � FEB 8 1990 TRANSFER TAX Cur, . ,,� ;:.',.€ ...�.:d:�,+_"�"'wrs-�s rvracx'.rr.azxx�r a.,•.,a-,..,.,,«......—.�.___..._..Y...._...�,..«....•.+w..+n,nM.rr,, .-�..h:^;:.M� _ .... ., .. ... ... usn, 652 PACE 648 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 mmediatel ollowing an 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}s -6;-T Art`igCH k&ViS # � � # C4, 5 , 6 , tiIS Z-,v5,,-u,-E,J- 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 OF � t 0 sac;Q-r,Iz.�" `xoh s. ;" • • CAYU GA LAKE 40 rkRYCONSTTT. ,4 4T 50' AS. 2=.. 932P LIBER 652 PUE 649 PERMANENT EASEMENT 20' �. � •�• `'tom. ''� / R%A '`� CA wp`l �• •�r � •.932 / /oe �'/ 3E MPO AT NS 50' . Ps A �M 20 959 `�.�g �'F �1P� R\G%/ to ' TEMPORARY CONST. EASEMENT 50' '8 o � co � ..r ...... 934 RpP� PERMANENT AND TEMPORARY EASEMENTS FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # TOWN OF ITHACA SEWER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG #.�.���. EASEMENT MAP #_ 9 _ FILE #� �. w. _s�e: DATE_ 41.1 ZA 9--- SCALE-1 "= 5 0' ____ I x, r LIBER 652 PAGE 650 SPECIFIC PROVISIONS 932 EAST SHORE DRIVE ATTACHMENT x i 4/19/89 1. A lateral shall connect the sanitary sewer from the main to the current sewer outlet of 932 East Shore Drive. A blown -up map should indicate the location of this subsurface connecting sanitary sewer lateral, 2. The septic tank on the premises of 932 East Shore Drive shall be pumped out and the tank filed in with such soil as is reasonably available. The cover of said septic tank shall be removed from the premises, Topsoil should complete the cavity filling suitable for lawn seeding. 3. A stump southwest of the building in the sanitary sewer right-of-way shall be removed from the premises. 4. A black walnut sapling near M. H, *5. in the sanitary sewer right-of-way shall be removed from the premises. 5. If, in the course of the sanitary sewer construction, the southern boundary line fence of 932 East Shore Drive is moved (or Removed), it shall be replaced in kind I.e., steel fence posts for steel fence posts, woven wire fencing for woven wire fencing, etc. 4 of 7 �:.;F�:S"..Sov.Et "ivY:TA!$aC.:':�'!l0!!,'YY6NL ffMi.M(l{VYR.t' �i1 Ji`.IWIMfF.'NAI�SY9.bN MYki.MKM tfv.PRE'.Jwv.fnCANiW4�A!t(.:".'.Y'a�'�.R'.1 [/wALMY:fhM'b/�{'wTk .. .. . ", ^Wq!"y.• M�JIMMR"u':'.AF.nialV.ta'IWWt +1^?.vrxDN 4>IN",ue)n.?mew:'yF•'ae.N,w:tY.>,y,:.aM. F..:w-.�n�'taA. v r; w.yy •.yr.an'l.�+N I q s uBER 652 ma 651 ATTACHMENT *2 4/19/89 936 EAST SHORE DRIVE 1. A lateral shall connect the sanitary sewer from M. H, V5A to the current sewer outlet of 936 East Shore Drive.. A blown -up map should indicate the location of this subsurface connecting sanitary sewer lateral. 2. The septic tank on the premises of 936 East Shore Drive shall be pumped out and the tank filled in with an existing pile of stream gravel and dirt located near the northwest corner of the building. The cover of said septic tank shall be removed from the premises. Topsoil should complete the cavity filling suitable for lawn seeding. 3. The railroad tie and picket compost bin designated "old well house" on the map shall be removed from the premises. The topsoil contained therein may be used for surface fill on excavations. 4. Additional fill for the septic tank maybe removed from the south bank of the creek behind the "old well house". Gabions may be placed to shore up the remaining creek bank. $of7 ' +77'�7p. _. _. .. siaww.rrMar..ceaa�e�n�l, o-wnro��ema.m"":>•rya"rxxs...�at*•vr�sr.�r+.�.a:c. r«-awa:w, „.rrra-cre+�'t � vc.:;�•:, ,.m LIBER 652 PAGE 652 ATTANMENT x3 4/19/89 OENERAL PROVISIONS 1. CMRLES C. SOUTHWORTH is to act as agent in my absence and represent my interests during the sanitary sewer construction. 2. All subsurface soils that are not used in backfilling the excavation shall be removed from the premises, not broadcast about the premises, abandoned in bulk thereon or otherwise wrongfully disposed of. Exceptions to this provision are at the discretion of the landowner( grantor) or his agent. 3. Any landscaping appurtenances such as stepping stone paths, stone stairs, rock garden borders, railroad tie retaining devices and the like, if moved (or removed) shall be replaced in location and in kind 4. Shallow -rooted shrubs or flowers, if in the right-of-way, may be moved and transplanted in a near -by suitable site at the discretion of the grantor or his agent. S. Ali trees or woody shrubs shall have all parts removed in entirety from the premises unless otherwise agreed upon by the grantor or his agent. 6. The final backfilling material of the excavations at the surface shall be of topsoil of a nature that will nutritionally support shallow -rooted plantings i.e., vegetables, flowers, shrubs, grass, etc. q: �_�` ..'.y�.5'�R.s'29ERi[':'+.Gn: A91J:W\'M•I S44.wY Xa,�Mw•]!'�WM.�YlMMMSMT'/��e�aX d.nrt<U.014'...�.Cet>N:M.'+�^tna"'! 1.. N µ 17-J • 0 U dPap ...... IIIIBER 652 PAr, 65lQ4AYJa 11 I, ' )/ IF ld .«......... .L.S .«.««....«.«..«. «.«.«.....« L.S STATE OF NEW YORK : SS COUNTY OF TOMPKINS: ' On this - --««.« day of .«.«., 19 , before me, the subscriber, personally appeared to me Personally known and known to me to be the same person(,) described in and who exemrted the within Wd ncment, and he duly acknowledged to me that be executed the same NOTARY PUBLIC «« « STATE OF COUNTY OF ... ..: • .««..»......«..«... day of .....„«.«.....««.._«........« 19 , before me, the subscriber, personally appeared to me personally known and known to me to be the some person(:) described in and who executed the within instrument, and he duly ack nowkedged to me that he executed the same. NOTARY PUBLIC STATE OF 33. COUNTY OF On aptthis�Yp ofL` «.«.....«, 19F;P. before me.the subscriber, personally the subscribing witness to the foregoing instrument, to me personally known, 7ho, being by me duly that he >did depose an said say that he resides at to be the individual(:) described'in, and who executed the foregoing instrument; that be, the subsoribing witness, was present and saw he execute the same, and that he, said ' at the same time name as witness thereto. ..............A�!�.... „A F A : �C►.S z ..... of ... as NOTARY PUBLIC in LLo� •• ............ arci ecai�s;�l�r�:`::::i...??:: �•�.tr-t.�- �'""SB;ll.f''"^"'^�'.,...� STATE OF .«««......««.„.' SS. "�° 3 "� COUNTY OF .... _ �� ff a � i9l`Cp On this .........««««.....«......« day of ........... «....« , 19 , before me pa nalky came and say that be resides at to me personally known who, being by me duly sworn did depose is the of , that he the corporation described in and which executed the above Instrument; that he knows the teak of said corporation; that the seal affixed to said Instrument is such corporate seal, that it was so affixed by order 8 < of the Board of Directors of said Corporation, and that he signed his name thereto by like order. .« NOTARY PUBLIC « ,_ �x+M6�5«ravawn,+a'�na._rrrmarc!,�+,we.:r •:...:e -d:: «.,. -,� -. .. .. ... a.�+u.m,.�t, si� 3