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HomeMy WebLinkAbout078765-0010 Ll C� Z . 0'7"I.3 E A S E M E N T mER 734 Pact 49 Ov5ti « SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 608 Elmira Road, Ithaca, New York 14850 Town of Ithaca Tax Parcel Number: 33-3-2.2 THIS INDENTURE, made as of the /51 day of . U,411 , 195v, BETWEEN: EARLAND MANCINI and ROBERT MANCINI 1" 1tv"1,..)� Rtc>I 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 is 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 thirty (301) feet in width 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 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 0 (IB(A .734 PAA 50 EASEMENT -- Town of Ithaca Sewer Improvement The sewer main and appurtenances constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but: (1) GRANTOR 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, (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, and (3) GRANTOR specifically reserves, in addition to all other rights, the right to install a paved roadway over the property subject to the easement to establish access for Lot 2 as designated on a map entitled Final Subdivision Plat for Lands of Mancini within the Town of Ithaca Light Industrial District dated May 1993 and filed in the Tompkins County Clerk's Office. 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. 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. a:\rd\eddyease 2 of 5 11 is • • o L OUR 734 ►act 51 T � T U t v 0 d 0 i Z e O r R to Ls v �J �J • 0 t4 %VITNESSf (sign below)i ................. .................................................. ................. L.S. ............ . ............... L.S. ..................................... .................................................. L.S. ........................................ ................................................ L.S. ........................................................................................ L.S. STATE OF NEW YORK COUNTY OF TOMPKINS: SS. On Ills ... day of ... !.� ......................... 19 before me, the subscriber. personally .' ' appeared g� 0 to me personally known and known to me to be the sl d el In and who executed the within Instrument, and he duly acknowledged to ................................................. .. .. . ..... .... ... ......................................... ........ ... NOTARY PUBLIC MARK WHEFLFR Notary Public, Stale of New York STATE OF .... Yak No 4748671 Duald, 11 in Tompkins County COUNTY OF ni SS- Com.ss,ontExpnes March 30.199.S On this ..... 427^- day of .......... appeared V .................................... 19 before me, the subscriber. personally .0L1 .'j (ykV\ejC%#0 I to me personally known and known to me to be the "MVa rson(s) described In and who executed the '-4Pe within instrument, and he duly acknowledged to me lut a,,ex am e. .................. ............................. I ................................ NOTARY PUBLIC MARK 8 wHrFLFR Notary Public, Sialt, of New York No 4748671 STATE OF ................................ Qualified in Tompkins County COUNTY OF ............................ t SS. commission Expires March 30. 1 99-tc On this ................................ day of ........................................... 19 . before me, the subscriber, personally appeared the subscribing witnessto the foregoing Instrument, to me personally known, who, being by me duly sworn, did depose and say that he resides at U that he knows said 00 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 be, said at the same time subscribed name as witness thereto. ................................................................................................ NOTARY PUBLIC STATE OF ..............I.................: COUNTY OF ............................ SS. On this ................................ day of ..............................................I...........1 19 , before me personally came and say that he resides at to me personally known who, being by me duly sworn did depose Is the of ,that he the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that th:,,eal aff ed to said Instrument is such corporate seal; that it was to affixed by order of the Board of Dir or, of d C rporation, and ti h signed his q s7ne 13,77 thereto by like order. Tompkins County, ss: Da ..... 1, RL d d the ....... .Tr a yn .... (' '=*.'.* .... .................. ................................... • M., in r ..... NOTA RV IDT fnT u- at page ..... V9 .......... and 0 0 0