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REAL ESTATE FEB 2 6 1991 TRAIJSFER TAX TOAIPKINS E A S E M E N T 1.074 TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: * /489 TTZU-mA"-SHURG* Riff, 'LT"AG^ / N.Y• /4 e:so Town of Ithaca Tax Parcel Number: 23- 1- 3 Lki .o In a7 THIS INDENTURE, made as of, the 10 day of CG"Ti7T3£f2. , 19?0 , BETWEEN: SrAu(�E`( Coo(-nM^N CHKISY1AIE M- CouvPR ssA) �• 4�4.y4-�o� � cs u: 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 propertyin 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 j 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 hereby: i 1 o" 4 i EASEMENT -- Town of Ithaca Sewer Improvement LMS '680 PACE 388 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 o own an such damage or failure to restore the'Drooerty. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: WHEREAS, the construction of the new sewermain will substantially render the existing waste disposal system inoperable. THEREFORE, the Town of Ithaca agrees to provide for the installation of a sanitary sewer service lateral to the house. All materials, labor, and permit fees for work up to, but not into or through the structure will be provided at no cost to the grantor. Interruption of sewer service during construction will not exceed eight hours. WHEREAS, the construction of the new sewermain will be in close proximity to trees within the easement boundries. THEREFORE, the Town of Itaca guarantees all trees for a time period of four (4) years from the completion of the construction of the sewermain. Replacement of trees up to twelve (12) feet in height will be in kind. Trees over twelve (12) feet in height will be replaced with a tree of -the same species approximatly twelve (12) feet in height. This instrument shall bind the parties hereto, their distributers, 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 4 t w n..,c:r..�.,1w.xwr: rae�.raeszras�uea+..•mm,..+•, .. .,�.._.._...R...�.�..—�...._� _._.__-._.__. .��.,-__..____. __,_._.__.,,_,,,,.,e,,.. • • it � 0 n 19 i tit 660 fm 389 TAX PARCEL% 2.3- f -3 ;l 0 o.s.- -0, TRUA"NSBURc RIO. PERMANENT AND TEMPORARY EASEMENTS. , FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # 23-1-3 TOWN OF ITHACA SEWER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG ffl= EASEMENT -MAP #__5__19" V. & s DPR3 FILE . # SM P. � � DATA V o c,�eFx E 9 90 SCALP. = S?' usER 60 FAu 390 WIZMS: (sign below). » .... ..�,... .» �1�01 � ..,........_.L.S. ............ ..Ia »...........».._..».................. _.......... ».... . ......... »»»...I..S. ........ »._..»..»...... _»_.......... _..............». ........ 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. e NOTARY PUBLIC STATE OF ...»......-..-.......... : SS. COUNTY OF ....»...... ...»..... ° On this .......»..»»»..».» day of ..........»..»..»... »......»..»......., 19 , before me, the subscriber, personally appeared oto me personally known and known to me to be the same persons) described in and who executed the A within instrument, and he duly acknowledged to me that he executed the same. Z°< _._.._.._._......... _ .............. _.._... ..._... - »..................... NOTARY PUBLIC COUNTY OF JP,• SS. On Y this .......»�a of ..! sae....._ , 19 ,, before me, the subscriber, personally appeared the subscribing witness to the foregoing instrument, me perso \y known, who, be' g by me duly sworn, did depose and sa that he resides at �3 % //IS�L z that he knows said SAh /EC� �/O /�jy� AN < to be the individual(s) described in, and who executed the foregoing i trumen; tb he„�iye�� bing witness, was present and saw he execute the same; and that he, said 1P J/� at the same time subscribed name as witness thereto. ............ ........................... O ARY PUBLIC 00j STATE OF ................................. STD E OF * � UF$� COUNTY OF �........ _.... ............ . SS. ►� 4646YoR,�,• On this ..... day of ....... »._........... _....... ....... _............... 19 before me pz:son. came to me personally known who, being by me duly sworn did depose and say that he resides at , that he is the of p the corporation described in and which executed the above Instrument; that he 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 Bogrd of Directors of s orporation, andttre signed his name thereto by like order. Tompkins Coin Y, ss: �.—'j`. oY of .... Reco cd on th< .. .. �...... y�� Q......... of ..... ! 'cic, Ic h1., in Libr.r !!�� ............................... .7....... on�i exa�� r�of page .........,..... Ce ».._.. ...NOTARY PUBLIC q- U F • • •