HomeMy WebLinkAbout078910-001•
nss,a 735 ra.t 140 OS2.1S FINAL
E A S E M E N T
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
1
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA REAL ESTATE
Property Address slti5 west Haven Road
SEP 2 8 1994 0
Ithaca, New York 14850
Town of Ithaca Tax Parcel Number: 28-2-9 TRANSFERTAX ti
TOMPKINS
COUNTY
THIS INDENTURE, made as of the _ A day of 5�7T'r-H �Z 19 94 ,
BETWEEN: John R. McRae & Pamela J. Brannon
165 West Haven Road •
It}iaca, 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 maps 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 promises shall constitute a release
from any such lien(s) of the easement granted hereby:
lof6
•
EASEMENT •- Town of Ithaca Sbwer Improvement Iid[R 735 PACE
f �
i i
4
The sewer main and appurtenances for 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 III reserves the underlying fee title to said property
coverel 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 g
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,writiny to the GRANTEE at the Town of Ithaca Offices at
126 East Seneca Street. Ithaca. New York. Immediatplv n nv nn Anv
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
dietributess, personal representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by
the CRANTOR'S) and/or the holders of this lien.
2 of 6
i
•
iim . 735 ?AQ 142
WEST HAVEN ROAD
I�
I�
7
rPARCEL �f'28-2-9
2 R/O MCRAE
/9RAN/VON
MH 2W
T
L`
N RTH
-�q ppROX.
I�
V
jf/ 165
I
PERM.�N�Nr EASE.
�SSIf'F�
� PROPERTY L/NE - - _
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
28-2-9
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG N # s__��✓ EASEMENT MAP #____
FILE #_, 1, AI4/N ,a,E.vs, _ DATE—
SCALE— -- _--
-------- �`=_-4Q_---
3 o r- 6
•
0
ll6[A 735 ►A,r 143
TITLE INFORMATION FROM PROPERTY OWNERS
I- Pr4pgny 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, t
parent and child, etc.)
Name, Address do Telephone Numbcr. SS sc
John R. McRae 6 Pamela J. Brannon Phone No.: (607)2;-7-4W - John
165 West Haven Road (G0-369fi�- Pamela
�Yor)c 1485p C� ib) S73. 66a7
doe Marion ana Tax Parcel N
�mbe~.
165 West Haven Road C916) 343 -9344. Fh•I
Ithaca, New York 14850
Tax Parcel Number: 28-2-9
3. Indicate who has possession of any or all of the following (cross out whichever is not
applicable):
Abstract of Title:
Deed: �57-5
•
Also, give following information as to recording in County Clerk's Office (usually found in front
of Dad):
Book 646
Page_ 167
Date of Recording 6/12/89
Survey, Map, Sketch:
4. Name and address of any person or institution holding a mortgage or mortgage*on
your property: C�a•��. f`lo;�^cGrAGr� G07I ��.,-Z-3y � viz gc�/Y56-GP7o
c
L k�1 t0z- gee 1$c77-Y
C t^ C U
S. If you acquired the property by Dad, please fill in the following:
Approximate date (give year if you can't remember month):
From whom purchased: ANN e- k4so4 t c
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.
4of6
,
61
r (mod`
..
STATE Or NEW YOB[ t
COUNTY Or YOh/P[INSI IL
On t it dry of 19 , bdeeo ow tb aabme", rn—ny
A" ad
to me PST boom and he.wB b am to be tb rase pets(.) described k..sd who executed the
wIthin lmtntaat, and b duly aokcew b a that b oaoouled tb same
NOYABY PVBUC
STATE OF..( (01..�.,
COUNTY Or J —,
OFF On thw .J1 day d ivWbdea a., the mbsarlber, pewdiy
Pny'e Ia
ro rrw pwamUy I mown peed knew. to per a b tb same geraa(s) described in sad who a.twt.d the
r,.. r that heMeowed to suns.
. v R K
(,� 1
-w�• •NOTARY PUBl1U LA, U �NIA�rnew.. .. ��++•tr��. F••._.....�...._.��.....
BUTTE COUNT (� NOTARY/PUBUC
COMM. Expres r k see .a /////
STATE Or
COUNTY Or ..__..___._.r
SL
Ow this —._ day of _ _., IS , befog as, the mbwlbee, VMMnOT
Cp apparod
iCQ the subscribing witnen to the fe upping, lorbersnt, to a Ow - H, known, who, bAw by a duly
sworn, did depose shed my that ie raddm at
that he knows mid
to M the irA idud(s) described In. I who executed the foraging IestnalMy that ho, dosnbswl6Ng
was witness, wpresent and sow he exactas the seem; sod that he, Mid
at as time subscribed came a It tbarato.
__._.._... _..._..............._..---•--.__...�.___.....�
NOTARY PUBLIC
STATE Or
COUNTY OP
IL
On this day of 1s bdaa me pwsorrSy sass
sad ay that b Weida at ekearbd beers erhq !wg by me duly swan did depa
p that he
t to
the of lionC-Pocattat the and In sad. o saiichd
the aboee latruaati that b knees the sad d saW
of theJ bn: that the peal o fwad b said Imbtmsertt le suds oorporats sail that It was so affixed by order
of the Board of Directors d saW 'tiro, and that he dpled his cane thereto by liko order.
..._._.:....;....__._:............ __._..........._,,,Y,,,,�„�_
6 NOTARY PUBt.IC
•
•
0
•
•
•
•
9
WITNESS: (tip below):
us(I 735 rni 145
_» _......... _.... .».._...L s.
STATE OF NEW YORK
COUNTY OF TOMPKINS: SS'
On this ....I�r._..:.._...,�.y of .E!_r� oy ._._. , I8 .before me, the subscriber, ply
appeared
�o to me personally known and known to me to be the tame penon(8) described in and who executed the
within. instrument, and he duly acknowledged to me that he executed the same.
QEM'F. POOLE �
.FjQTA9Y PUBLIC _..__.» ,l_tfa ... v;k/4,1
g4T1 QF.NEW YORK N Y PUBLIC /;4Fir cry
F 4646427
'STATE OF ........._. _.
COUNTY OF ..._.._._._._.._.... SS'
On this ..................... day of ...... ............. .._._.... _......... ., 19 , before me, the subscriber, personally
appeared
to me personally known and known to me to be the same persona) described in and who executed the
o within instrument, and he duly acknowledged to me that he executed the same.
NOTARY PUBLIC
STATE OF ........... SS.
COUNTY OF ........... »__..». :
On this ........................... day of ......._ .,__.._...._..».._..., 19 , before me, the subsatber, personally
appeared
the subscribing witness to the foregoing habument, to me personally known, who, being by me duly
swum, did depose and say that he resides at
that he 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 same; and that he, said
at the same time subscribed name as witness thereto
NOTARY PUBLIC
STATE OF .......... ........ _.__:
COUNTY OF ..._..... . » _:
On this ..»..._.......... .... _._ day of .» _. _ _.__._..._.._ _._.._.._.._.. , 19 , before me personally came
and say that he resider at
to me personally known who, being by me duly sworn did depose
� that heis the Of
the corporation described in and which executed the above Instrument; that he knows the seal of saki
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 odd Corporation, and that he signed his name thereto by like order.
of it
NOTARY PUBLIC