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0sly.".1L FINAL
EASEMENT I1W 735PASE III
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF
REAL ESTATE
Property Address: 1060 Danby Road
Ithaca, New York 14850 SEP 2 8 1994 O
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TRANSFER TAX t�
Town of Ithaca Tax Parcel Number 39-1-15 TOMPKINS v11
C* COUNTY
THIS INDENTURE, made as of the IJ — day of /c /5L12 , 1994.
BETWEEN: Evan N. Monkemeyer
123 King Road East
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, with offices at 126 East Seneca Street,
Ithaca, N.Y., hereinafter called GRANTEE OR TOWN, its successors and
assigns,
WITNESSETH:
WHEREAS, said TOWN has a sanitary sewermain which by reason of
topography and grades in certain locations departs 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 "Map of Surveys, Lands of Evan N.
Monkemeyer", Town of Ithaca, Tompkins County, New York, by Robert S.
Russler, Jr., L.S., Dated . %aLY ZS' /99`� filed at the office of the
Town Clerk, the center ink e of whi— chi 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.
The execution of this instrument by a party holding the folloying
lien(s) on the above premises shall constitute a release from any
such lien(s) of the easement granted hereby:
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735 inn U2
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. 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:
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.
SEWERI3/ENGCONTR
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iio 735 PA;E 113
WITNESS: (sign below):
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 some person(s) described in and who executed the
within Instn:ment, and he duly acknowledged to me that he executed the same.
_._.._......................................_.._»........_......._
NOTARY PUBLIC
STATE OF ....t�.t �..X :.k......: SS.
COUNTY OF ..Tc mf+%: n 5 ..:
On this ......1.�:.th...... day of ......._.Set? c:: b�X....».._ ..., 19Y`. before me, the subscriber, personally
appeared E..n N. MCnLf�vlfwl
to me personally known and known to me to be the same person(s) described In and w�,o. executed the
within Imtrument, and he duly acknowledged to me that he executed the same.
A� 89I4m47 T]d... �.la.>r--�. �r, t 4' *�„ c
VM 3 �,3n �� NOTARY Pl1BLlC .d_..� »
( `
STATE OF ............... ...... .....»...:
COUNTY OF .......... ».» »»..».»s SS'
On this ................... _...... _... day of ..._..»_ .._ _ » ....»._......., 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
thnt Ise 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 tome; and that he, said
at the tune time subscribed name as witness thereto.
__„_......_........_........ ........
.._
NOTARY PUBLIC
STATE OF .................. » s SS.
COUNTY OF ..........».....»....»._t
On this ... .......... »..»..._» day of _ _ » _�..._ ._ _._..........., 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 the teal affixed to said instrument Is such corporate seal; that It was so affixed by order
of tiro Board of Directors of said Corporation, and that he signed his name thereto by like order.
1>40 3 O r 3 NOTARY PUBLIC