HomeMy WebLinkAbout069082-0015247 iIER 663 437
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: 493 Five Mile Drive
Ithaca, New York 14850
Town of Ithaca Tax Parcel Number 31-2-2.2
THIS INDENTURE, made as of the day of 3,6 N r- , 19i—•
BETWEEN: Stephen J. and Marion L. Shippos
493 Five Mile Drive
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:
1 of 5
RECEIVED
in
REAL ESTATE
J u L 2 5 1991
TRANSFER TAX
i
TOMPKINS
COUNTY
LIER DACE '
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, subect 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:
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 Ithaca 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 approximately twelve (12)
feet in height.
This instrument shall bind the parties hereto, their
distributees, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed bthe
GRANTOR(S) and/or the holders of this lien.
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IIBER 663 PACE 439
TITLE INFORMATION FROM PROPERTY OWNERS
1. Prouty 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.)
Name, Address & Telephone Number: 5 % E +kZAJ J VsA'r` I OAV IL . 5 ttt I'PPO,S
493 F-t vA JK I LIE P2i'J E
2. Pro2crty Location and Tax Parcel Number
4 93 F A% D a2% V�r
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 3-7
Page 4: VS l 3 6
Date of Recording 4- L_
Survey, Map, Sketch:
4. Name and address of any person or institution holding a mortgage or mortgages on
your property:
• S. If you acquired the property by Deed, please fill in the following:
•
Approximate date (give year if you can't remember month): 4 /7-161
From whom purchased: W t k—L A,A., 1i.N-j 6. 4t 7r S/L ,
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.
2 of S
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PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
31-2-2.2
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG EASEMENT MAP
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...............»...............................»»..»..»»......................... L.S.
......... .........»..»..................».......... ».... ».»..... »..»... L.S.
STATE OF NEW YORK
COUNTY OF TOMPKINS: SS.
On this ... ».... »»........... day of .................. »....... ...................... 1 19 , before me, the subscriber, personally
appeared
to me personally known and known to me to be the same persona) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
.......................................................»..........»......»..........».....
NOTARY PUBLIC
STATE OF................................s 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 CP.... SS.
COUNTY Op ...I.'(l7
�h �
On this .............�.3...'....... d�a,,y" "of ................ �nQ ............... 19`�,) before me, the subscriber, personally
appeared Philip �� f l I l i Y_ a-1
the subscribing witness to the foregoing instrument, to me person lly known, wh*o,� being by me duly
sworn, did depose anted, say that he resides at ) 13 " � I I � i person
V 1
6
that he knows said �Voe n a rri qAo o n S h 1 S
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
OEM F. POOLE
, at the same time subscribed name as witness thereto.
NOTARY PUBLIC
SWE Of NEW YORK
# 4646 427 »........ .
N TARY PURLf ;
/1:
STATEOF ........ ........................ SS.
COUNTYOF .............................
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
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.
,s:.,..?`.......... Q9 yy .. •:::q!..' »...............
L I..M., in Liter ......1,0a!P....... ......... . .....................»NOTARY PUBLIC........ .. ..
„•.......... and examine s
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