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HomeMy WebLinkAbout078909-001FINAL icA 735 nact 135 E A S E M E N T TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT ECEIYE REAL ESTATE � PROPERTY LOCATION: TOMPKINS COUNTYs TOWN OF ITHACA Property Address: 169 West Haven Road F.,. Z 8 1994 O Ithaca, New York 14850 L2 Town of Ithaca Tax Parcel Number: TRANSFf.RT{�( t� 28-2-10 70NPKtN$ j+ t COUNTY THIS INDENTURE, made as of the 13t day of Sei> teMt'�Y , 19�gT, BETWEEN: Bryan B.& Janet H. Marler • h 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 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 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 lients) on the above premises shall constitute a release from any such lienle) of the easement granted herebys I Of 5 TOWN OF ITHACA, NY ID:6072731704 SEP 08'94 17:09 No.005 P.C2 amok 735 PAQ 06 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 ie 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, mined ate y fo owing any such sins a or failure to restore the pro ert . 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. _ WIIEREAS, the construction of the new sewermain w13l'be in close proximity to trees within the easement boundrios. THEREFORE, the Town of Ithaca guarantees replacemont in kind for $ trees up to tweleve (12) foot in height for a time period of four (4) years from the completion of construction for the sewer - ma in. This instrument shall bind the parties hereto, their . distributees, personal representatives, successors and assigns. IN WITNESS WHEReor, this instrument has been duly executed by the GRANTOR(S) and/or the holders of this lion. 2 of 5 i • • • usEa 735 PnE L37 H -ApPAOX. I i WEST HAVEN ROAD I I PARCEL ��P'2B-2— 10 I R/O MARLER 0 � sEPric(�7s9 CAvoivox. LOcA911N) r yy1 I E`= £ Sao• f _ j sewE-,v LiNE- — PRpPERTY/ TEMP. EASE. LIJV-- O t i t S 2 t S f f a t f PERMANENT AND TEMPORARY EASEMENTS FOR SEWER MAIN E THROUGH THE LANDS OF TAX PARCEL # 28-2-10 TOWN OF ITHACA SEWER SYSTEM TOMPKINS COUNTY , NEW YORK CONST. DWG #____ EASEMENT MAP TVN RDX. TSANN/'�rANRY # FILE #1E1-EZiLE.i`• DATE— SCALE- 40 • ui(a 735 Nft 138 TITLE INFORMATION FROM PROPERTY OWNERS L E=rtx 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 k Telephone Number: Bryan B. & Janet H. Mader Phone No.: (607)273-3906 169 West Haven Road(607)272-4501 2. pr"Lbhat o an0dr1laz48 Parcel Number 169 West Haven Road Ithaca, New York 14850 Tax Parcel NmLer: 28-2-10 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 661 Page 878 Date of Recording 5/16/91 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): 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? 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. 4of5 • • s 0 735 tact 139 WITNESS: (sign below): ....... ....................... ».._.«.._._...« _ ,r•�-.. �, G. �'—�,�.._._� 1. «»............ .»....... .... .�j........ «..»__.......LrS. STATE OF NEW YORK COUNTY OF TOMPKINS: SS' zzr On this .......... Y. "., day of ...7? nd7ev. 194, before ma the subsedber, personally appeared oBryan B. & Janet H. Marler �o to me personally known and known to me to be the same persona) described in and who executed the Q within instrument, and he duly acknowledged to me that he executed the same. JO ANM�MttA130•••i'-' �r�•� Mabry Public, State of fr1.Y: NOTARY PUBLIC Con ssroo 4=11 4681 $1B, STATE OF ............ ... .... _._...: 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 parso, (a) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. b©e _..»......_.»_».........................._..-......_.._..»............. NOTARY PUBLIC STATE OF .................. ...._., s SS. COUNTY OF ..........._. .....: On this ........................ ..._._ day of ..._..___.._ _ .....__».._..., 19 , before me, the subscriber, personally m appeared the subscribing witness to the foregoing inststsmeo% to me personally known, who, being by me duly s sworn, did depose and say that he resides at • 0 ��'j that he knows said p 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 e� :.' •, , at the same time subscribed name as witness thereto. B........................................................ ... NOTARY PUBLIC _ STATE OF SS. COUNTY OF ..«..... On this .._...._....... _ ._ day of ...... , 19 , before me personally came �t 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 said d $ corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order 8 < of the Board of Directors of said Corporation, and that he signed his name thereto by like order. �" �' »_.. ______»_ NOTARY PUBLIC»��«•«�� E. a • 5of5