HomeMy WebLinkAbout078907-0011�
u
•
S cal h i DT Z
: FINAL
icA 735 PACE 125
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:.177 West Haven Road
Ithaca, New York 14850
Town of Ithaca Tax Parcel Number: 28-2-12
i REAL ESTATE I
SEP 2 8 199400-
ER
THIS INDENTURE, made as of the 1�/ �day of _ 161j6-r , 19 94 ,
BETWEEN: Beverly D. Schnidt
177 West Haven 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 reasonsl
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 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:
d
1 of 5
u
•
mia 735 rAq 126
EASEMENT -- Town of Ithaca Stwer 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
covere3 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 Fast Seneca Street Ithaca New York Immediately an
such damage or fa lure to restore the proper.
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 replacement in kind for
trees up to tweleve (12) feet in height for a time period of
four (4) years from the completion of construction for the sewer -
main.
This instrument shall bind the parties hereto, their
distributes@, 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 OFS
•
•
•
•
uEta 735 ra,t 127
<.P�X
WEST HAVEN ROAD
1 PARCEL 28-2- 12 1
R/O SCHMIDT
I� I�
I�
�iEAIPORARY EASE.
I r RMANEvr EAS
0
SEtff.R L..Nf.
_-_-_ -
PIN
PROPERLY/ >EMf' EASE. L/NE
f O[JNO
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
28-2-12
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG #____ EASEMENT MAP #____
FILE ItCS7I/A1 FN SAN//ARY
#=EAR_=,N EX.N�_ DATE-
SCALE-
=�Q��
nsla 735 past 125
TITLE INFORMATION FROM PROPERTY OWNERS
L Prop.C9y ner (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:Beverly D. Schmidt
177 West Haven Road
Ithaca, New York 14850
�hon o.• (607)272-2378
2. Prone y Location and Tax arce� lumber
177 West Haven
Ithaca, New York 14850
Tax Parcel Number: 28-2-12
3. Indicate who has possession of any or all of the following (cross out whichever is not
applicable):
Abstract of Title:
j Deed: •
i
Also, give following information as to recording in County Clerk's Office (usually found in front
of Deed):
Book 700
Page 126
Date of Recording 622
Survey, Map, Sketch:
I
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):
From whom purchased:
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?
i
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.
WITNESS: (sip below): / 116E1 735 PAGE 129
...................................................
_......«..«......«._.
.._..............
� ...�..» . I. S.
STATE OF NEW YORK
COUNTY OF TOMPKINS: SS'
On this ....'.3....... day of ..1P. Z<l... . ............... IA"Wore me, the subscriber, personally
appeared �.
�o to me personally known and known to me to be the same person(s) described in and who executed the
�i within instrument, andshe duly acknowledged to me that 9te executed the same.
• « e ........._..« .......
6l.ETTY F. POOLE
,'• NOTARY PUBLIC
• -STATE Of NEW YORK
•. S 4646 427 N /ff�B�/�o�S�
STATE OF ...........
4 COUNTY OF ... ._..«._.._......:
Y .., 19 ,before me, the subscriber, personally
On this ......._..«.........» day of...«._........__._w.„.....«........
appeared
gg° to me personally known and known to me to be the same per (a) described in and who executed the
Qwithin instrument, and he duly acknowledged to me that he executed the same.
NOTARY PUBLiC
STATE OF . _..
COUNTY OF ..........»...� .
On this ................ .... ._... day of ..._.._.._ _. .._.._.._.._..., 19 , before me, the subscriber, personally
m appeared
the subscribing witness to the foregoing instrument, to me personally (mown, who, being by me duly
sworn, did depose and say that he resides at
that he knows said
m
of 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
y
at the same time subscribed name as witness thereto.
6
..» ....................................................................
NOTARY PUBLIC
.a
STATE OF .......................
COUNTY OF
F On this .««.._............... .« day of «_.._...._.._ .»......._.._..«.. , 19 , before me personally. came
a to me personally known who, being by me duly sworn did depose
\.S 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 raid
>f ;Q 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 signal his name thereto by like order.
................
NOTARY PUBLIC