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HomeMy WebLinkAbout075675-001' os r: 130 N i 4;U9' 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: Elmira Road Ithaca, New York 14850 TOWN of Ithaca Tax Parcel Number: 35-1-29 THIS INDENTURE, made as of the( day of 19 513 BETWEEN: Alfred C. Eddy ' , 544 Bostwick 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, 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 sewermain and appurtenances (or any other facilities specifically described below) are being installed, which temporary easement is also shown on the attached map. C7 REAL ESTATE cv SEP 2 1993 TRANSFER TAX TONFKINS • • 0 705 EASEMENT -- TOWN of Ithaca Sewer Improvement 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 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 an damage is caused to the GRANTOR'S y g 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: The Town of Ithaca agrees to provide for the installation of a sanitary sewer service lateral and a water service line to the building presently located on Town of Ithaca Tax Parcel #35-1-10.1. All materials, labor, and permit fees for the work up to, but not into or through the structure will be provided at no cost -to the GRANTOR. • 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. r, SEWERIM/ENGCONTR 0 TITLE INFORMATION FROM PROPERTY OWNERS Ine . Prort___ v Owng; (Full name. If more than one person has an Interest in 1W 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: Alfred C. Eddy 544 Bostwick Road Ithaca, New York 14850 2. Pro rtv ation and 1'ax Parcel t�'m Elmira Road Ithaca, New York 14850 -- 35-1-29 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): k Boo 6 Pag 53 age Date of Recording March 13th 1990 Survey, Map, Sketch: Drawer N #206 y4. Name and address of any person or Institution holding a mortgage or mortgages on our property: 3. If you acquired the property by Deed, please fdl in the following: Approximate date (give year if you can't remember month):' From whom purchased: Milton and Louise Vonhalrxm 6. If you inherited property, please fill in the following: Approximate date: From whom: i Was there a Will? If there was no Will, was an administrator appointed? 0 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. • r� • u BEER lug.i33 i } f N, Y.S 1 RO TE ,,13 EL'MlRA AD i Xj A04RH PERMANENT AND TEMPORARY EASEMENTS FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # 35-1-29 TOWN OF ITHACA SEWER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG #-=or,T EASEMENT MAP # _ FILE # '°" ` S INLET VALLEYDATF�_ CONTRACT �� s t • VIER �� id': 1.34 . s ' S I Re 0 WITNESS: STATE OF NEW YORK : COUNTY OF TOMPKINS: On this ....... _.......... _... day of appeared 19 , Irefosus me, the subscribes, personally to me personally known and (mown 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. STATE OF ......._.._... _._._._: COUNTY OF ....... ...... __ _...: SS. On this .__.._.._.._ _ day of appeared NOTARY PUBLIC 19 , before me, the subscriber, personally to me personally known and (mown 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 COUNTY On this ........fT]�P.......__. day of .../ .. _., appeared �fa�19%3before me, the subscriber, .ay ne- �//7'l� �h . the subscribing ess to the foregoing Instrum t, to me y wn, who, me duly sworn, did depose and say that he resides litSC�/C f • �)e,EE EII/�CO/i that he knows said 3c � � ��_ C' . ,�C11C2��� Ag to be the individual(s) �serfbed in, and who executed the foregoing instrument; that he, the subscribing m witness, was prese ut and saw he execute flue acme; and that he, said N I 1. baC/�� at the same time subscribed name as wltueaa thereto. 1 OT "'fCUiLuY PlJE31_IC `SiAiE 6F NEW YORK _...._...__._._._.._........ U o L 4-'.4646 427 NqT&'RY P IC (J STATE OF .................. _..... _w.: SS. COUNTY OF ....................._: I $0 i4l Tompkins CcUy. Retordo on t'ie On this ...___.._.._.._......_. day of . _ _ _..__. 19 , before me personally came and say that he resides at tome P0130nallY known who, being by arse duly sworn did depose is the that he 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 ig,sttch corporate seal; that It was to affixed by order u of the llic�,•�d of Dire aryl of sue t tion, dRlyjd;�e signed his name thereto by like order. �(1.�.M. in Liber .......� ... . of..:. ......... ).....%�..... and exa 1/ JM� ......................_.................._.._._. L40AA `ke'�'� NOTARY PUBLIC C ork C� • • 0