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Home My WebLink About068028-001660 WE 840 1412 REAL ESTATE EASEMENT "V. OMAR 15 1991 SANITARY SEWER IMPROVEMENT V-4TRAN'FEPZTAX TOWN OF ITHACA TO"R-(WS SEWER MAIN PROJECT ('66Pify PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1491 Trumansburg Road, Ithaca, New York Town of Ithaca Tax Parcel Number: 23-1-2 -44 THIS INDENTURE made as of the 6 day of January, 1991, BETWEEN: LEE SCHAFRIK and JANE SCHAFRIK, both of 1491 Trumansburg Road, 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 servic3 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 successors 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 • � 0 • BIER 60'30 ?AGE 841 TRU"ANSBURG RD. PERMANENT AND TEMPORARY EASEMENTS FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # 23-1-2 TOWN OF ITHACA SEWER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG ##*VM _ EASEMENT MAP #_ FILE # Tm TRU�= DATE . i MANSIURG Al SEVER EXTENSION SCAT .F 1 = 40 ) t easement.sch, Ith, 1/11/91 3:39pm ueE� 660 qct 842 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: 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 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 3.26 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: GRANTEE, by acceptance of this easement, agrees to the following additional provisions: 1. The GRANTEE shall, in the course of constructing the sewer line, and if necessary, to permit such construction, will move the locust tree along the easement line to any other location on the GRANTOR's lot selected by GRANTOR with the understanding that GRANTEE will not be liable for any damage to said tree or its loss in the event it does not survive such relocation. 2. GRANTEE will make all reasonable efforts during the 1 course of constructing the sewer line to preserve the willow and pear trees lying along or in the easement area. i C� • 0 • �J easement.sch, Ith, 1/11/91 3:39pm LSER 660 ?Aat 843 3. GRANTEE will, in the course of constructing the sanitary sewer line, take all reasonable efforts to preserve the drainage of the footer drain located approximately 40 feet northeast from the northerly corner of the house. 4. The construction provided for herein shall include extension of the sanitary sewer line westerly along the north line of the premises known as 1491 Trumansburg Road to a point in or near the easterly line of Trumansburg Road. 5. As additional consideration for the grant of this easement GRANTEE agrees to assist GRANTOR in connecting to the new sanitary sewer main by providing and installing the following items: (a) Approximately 50 feet of 4 inch sewer pipe running from the sewer main to the exterior wall of the house at 1491 Trumansburg Road. (b) Providing and installing a vent, trap, and cleanout on the line outside of the house, pump septic system, fill the old tank with gravel and disconnect the old tank from the house. 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. LE SCHAFRIK ANE SCHAFR STATE OF NEW YORK ) ss.. COUNTY OF TOMPKINS) �c On this day of 3anuar 1991, before me personally appeared LEE SCHAFRIK , to me known and known to me to be the same persons described in and who executed the within instrument and they severally acknowledged to me that they executed the same. Notary lic 3 CAROLYN J. DUDDLESTON Notary Public, State of New York No.4780743 TOM04m Cgunty term Expires / .9Orz- STATE OF NEW YORK COUNTY OF TOMPKINS On this 5th day of February, 1991, before me personally came JANE SCHAFRIK, to me personally known, and known to me to be the same individual described i the within instrument, and she acknowledged to me that shi ee cuted the same. Notary kuDiiu 0ARLENE L. LYNCH Notary Public. State of New York No.4771032 9q Oualifiod in Tompkins County commission ExpiresApril Rey, !e��'n fho ... ..� ....Gj. i k . g'gw, in Liber .....(� ..... c f 0.el ..... of page .........310............ and ex fined.. 1 _ .. .. .....................« C]erl