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663 PUCE 352
5226
E A S E M E N T
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: 658 Elmira Road
Ithaca, New York 14850
Town of Ithaca Tax Parcel Number 33-3-7
THIS INDENTURE, made as of the �� day of j June ; 1991 ,
BETWEEN: Nayana, Inc.
654 Elmira 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 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 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:
$ ...=0.'.....
REAL ESTATE
JUL 25 1991
TRANSFER TAX
TOMPKINS
COUNTY
1 0FS
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363
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. I£ 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
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the
GRANTOR(S) and/or the holders of this lien.
2 of 5
laei i 6S3 i'AtE 354
MnE INFORMATION FROM PROPERTY OWNERS
1. EMM Owner (Full name. If more than one person has an interest in the property,
state his name. Also, state nature of relationship, i.e., husband and wife, or tenants in common,
parent and child, etc.) (L 1
Name, Address & Telephone Number: X'j4',(A.N6 �AtCA \ P�(i
p G Sal- l.cM t rz4 fZ%7,
?, 7 Z - !!M S Z— Z-'T-r1 A-IL4 / N. `(, Te
2. ProWrtyLLocation and Tax Parcel Number
33-
3. Indicate who has possession of any or all of the following (cross out whichever is not
applicable):
Abstract of Title:
Deed:
Also, give following information as to recording in County Clerk's Office (usually found in front
of Deed):
Book S2 O
Page 46) Z S �
Date of Recordin %
Survey, Map, Sketch:
4. Name and address of any person or institution holding a mortgage or mortgages on
your property: 0
S. If you acquired the property by Deed, please fill in the following:
Approximate date (give year if you can't remember month):
From whom purchased: p t N O ^,*e12 \ N 0S
6. If you inherited property, please fill in the following:
Approximate date:
From whom:
Was there a Will?
If there was no Will, was an administrator appointed?
The above information will be used by Municipal Officials for the purpose of preparing
or verifying right of way agreements, communications with property owners, etc.
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N. Y.S. ROUTE 13
663 'PACE 355
ELM/RA ROAD
NOTE.• /T /S THE //VTENT OF TH/S DOCUMENT ro PROIi/DE
25' FEET ON EACH SIDE OF THE PROPOSED SEWER
AS A TEMPORARY EASEMENT FOR. CONSTRUCTION
PURPOSES AND 10' FEET ON EACH S/DE OF THE
AS BU/L T SEWER PIPE AS A PERMANENT EASEMENT.
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
33-3-7
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG #_, ?= EASEMENT MAP #?_
FILE # MPROVE N7y5�,� C TWAMR
RACT �? SEER DATE, 6 / 19
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WITNESS: (sign below):
............................ ._......................_...... .. ....NAYA INC........... »...... .................... ..... L.S.
By........ ............................»................»...L.S.
_......................._........................»»..._........._.....M.» .»..................................... ............. »...... ...... ................... L.S.
....................................... ............ ...._.... ............................ L.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 ackmowledged to me that he executed the same.
............................................................................................
NOTARY PUBLIC
STATEOF ............................... 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 . _ .......................... SS.
COUNTYOF .............................
Onthis ..» ............................ day of.........................................1 19 , before me, the subscriber, 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
that he knows said
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 subscribed name as witness thereto.
................................................................................................
NOTARY PUBLIC
STATE OF .....NEW • YORK .
COUNTY OF .... TOXPKSNS : SS.
On this 1....... day of ..»... ........ JLine ............................... 1991 before me personally came
Hairy Patel to me personally known who, being by me duly sworn did depose
and say that he resides atx in Ithaca, New York , that he
is the President of Nayana, Inc
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 Board of Directors of said Corporation, and that he signed his name thereto by like order.
BEATRICE UNCOLN CC lf}SC/-1 / A
Notary Public, State of New York .................................... ................
No.4617690 NOTARY PUBLIC
Oualifit d m Tom kins County r OF
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