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HomeMy WebLinkAbout067905-001• • 0 J � P �1 Iti.CEIVLO RE $..-.O.r-..... u) AI ESTATE Ian uKR 660 FaI.E 399 F E B 2 6 1.991 TRANSFER TAX E A S E M E N T TOMPKINS TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 347 Coddington Road Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: THIS INDENTURE, made as of the 21st day of November lg 90 , BETWEEN: Orlando Iacovelli 347 Coddington Rd. Ithaca, New York 14850 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 hereby: 1 a EASEMENT -- Town of Ithaca Sewer Improvement LUR 660 PACE 400 • 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 following any 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: This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. i 0. IN WITNESS WHEREOF, this instrument has been duly executed by --- -- - )lders of this lien. Page 2 of 4 • xr...� �s sex �..,e, ....+.....rarm- .,,,....o..�....,.... .......W..a.. - - - r � J i USER WQ FACE 401 PARCEL M 53-1-14,1 PERMANENT AND TEMPORARYEASEMENTS FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # 5 Trr nwnV r3mu e r cV�R evemPur I TOMPKINS COUNTY NEW -YORE CONST. DWG f470 REASEMENT MAP # FILE� �il 347 CODDMTON RD. DATE SC --io! Page 3 of 4 0ER e Ro 18 Tompkins Coun' Reyc>idgd (on the o r..� 'clo: at page ............ PAGE 402 WITNESS: (sign bel ): 11 ..»......JLS. ...... ... ......... ».._. .»..» ........_ _....... .. _..»....._..» ........»..»........ L.S. _ ..... ».... ....._._..»»...._.... _..._..... »......................... I. S. .........................._..».......»............. ................»».......L.3. STATE OF NEW YORK : SS. COUNTY OF TOMPKINS: On this ....... ..»».. ... »... day of ......»....._..... » ...._ _....._... 19 , before me, the subsesiber. peeaoeallY appeared to me personally known and known to me to be the same person(:) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. ........................... ................».....»............_..».....»......».... NOTARY PUBLIC STATE OF . SS. COUNTY OF ......».�...�•.....: 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. ...................»................ ...... .............._.........»...... » ... NOTARY PUBLIC STATE OF -L� SS. COUNTY OFDy.�.xesh On this of 199 ; before me, the subscsilm, personally appeared the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly, sworn, did depose and say that he resides at �-7—c- -. XL «< that he knows said �� e,, . _, o ti1Cc •_ C_ -r ��. �. to be the Individual(s) described in, and who executed the foregoing instrument; that he, the subscribing witness, was present and saw he execute the same; and that he, said? at the same time sub name as witness thereto. NOTARY PUBLIC STATE OF .. »» SS. COUNTY OF ...,.......»..» : JEAN H. SWARTWOOD Notary Public, State of New Y�orrkQ" Qm�n m i000 Expires Feb, 4li On this .»........»...»....»..».. day of ...»....__.._....»_._.................... .... 19 ,before me personally came to me personally known who, being by me duly sworn did depose and say that he resides at . that he is the of the corporation described in and which executed the above Instrument; that he knows the seal of said eorporatiotu; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he Agned his name thereto by like order. ss: `� . k� ............el D of . ..._.._._. .._......».... _..» _... ..._............... �.©......of .. in Luber ..... NOTARY PUBLIC ,9,9..... and e rnine, V,t 1p Clerk Page 4 of 4 • •