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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
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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
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932P
LIBER 652 PUE 649
PERMANENT
EASEMENT 20' �.
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3E MPO AT NS
50' . Ps A
�M 20 959
`�.�g �'F �1P�
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to '
TEMPORARY CONST.
EASEMENT 50'
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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
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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
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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.
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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.
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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 «
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