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U6ER 735 Fnr 146 FINAL
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E A S E M E N T
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
RECE v ED
PROPERTY LOCATIONt TOMPKINS COUNTY: TOWN OF ITHACA REAIESTATE
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Property Address: 161 West Haven Road SEP 2 8 1994
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Ithaca, New York 14850
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Town of Ithaca Tax Parcel Number: 28-2-8 TRANSFFRTAX
T0yPK)NS
COUNTY
THIS INDENTURE, made as of the _t!_ day of CF-?'TFMP ErL , 19 94 ,
BETWEEN: Mark S. 6 Michelle M. Morse
161 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 reasonsi
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 liens) on the above premises shall constitute a release
from any such lien(s) of the easement granted hereby;
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EASEMENT -- Town of Ithaca Sewer Improvement
735 Tact 147
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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.
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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 temporary construction access easement on the adjoining
parcel #28-2-6.302 traverses the gravel driveway to GRANTOR'S
residence.
THEREFORE, the Town of Ithaca agrees to ensure GRANTOR'S access is
maintained and the driveway is restored as close as possible to
original or better condition after completion of construction for the
sewermain.
WHEREAS, the large Willow Tree on the southeast property corner will
pose substantial maintenance problems for the proposed sewermain, and
it is the GRANTOR'S desire to have it removed.
THEREFORE, the Town of Ithaca agrees to provide for the removal of
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this Willow Tree as noted on the construction plans.
WHEREAS, construction of the new sewermain would be facilitated by
removal of the four (4) Apple Trees along the east property line and
it is the GRANTOR'S desire to have these trees removed.
THEREFORE, the Town of Ithaca agrees to provide for the removal of
these four (4) trees as noted on the construction plans.
WHEREAS, the construction of the new sewermain will require the
removal of the small Spruce Tree near the south property line.
THEREFORE, the Town of Ithaca will attempt to move and replant this
tree and guarantees replacement in kind with a Spruce Tree up to
twelve (12) feet in height for a time period of four (4) years from
the completion of construction for the sewermain.
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.
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tiEt� . 735 Pact 149
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WEST HAVEN ROAD
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I PARCEL ,W28-2-8 I
I R/O MORSE
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FOUNp
PERMANENT AND TEMPORARY EASEMENTS
FOR SEWER MAIN
THROUGH THE LANDS OF TAX PARCEL #
28-2--8
TOWN OF ITHACA SEWER SYSTEM
TOMPKINS COUNTY , NEW YORK
CONST. DWG #--__ EASEMENT MAP #____
FILE # ,,, / i 1 /N ��N,, DATE ---
SCALE_
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116F8 735 �a,F 149
TITLE INFORMATION FROM PROPERTY OWNERS
1. PropCay 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 & Telephone Number: Marie S. & Michelle M. Morse
161 West Haven Road
Ithaca, New York 14850
Ph n NNco��� (607)273-4025
2. E=rty_Location and Tax Parcel l�umbei
161 West Haven Road
Ithaca, New York 14850
Tax Parcel Nuzyber: 28-2-8
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 569
Page 922
Date of Recording 3/7/79
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.
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WITNESS: (sign below): --------- L.S.
_.........._ ................ ..._.........
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_..._.._.._.._..... .»_.................................................. L.S.
»._..._....._......................... .......................L.S.
STATE OF NEW YORK
COUNTY OF TOMPKINS*. SS.
gOn this .......6A..-... day of __,1q&.... ...._..., 199y before me, the subscriber, personally
1 aped Mck,k S. Mo:se
o to me personally known and known to me to be the same person(,) described in and wbo, executed the
within instrument, and he duly acknowledged to me that he executed the same. C.
JOAN LE NiLNAMILTON)Wieboo,n y
Notary ppublie
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NOTARY PUBLIC�"
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STATE OF ...... n4.w.. ......: SS.
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On this ....... GA....... day of ........... ........ 197J before me, the subscriber, personally
appeared M o'— le, M. Nowt
to me personally known and known to me to be the same persons) described in and, executed the
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d within instrument, and he duly acknowledged to me that he executed the same. '
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.KM LEW AMILTON) Now.- / t
NotarY"Is 171iEr s�!• t..c .......
YorkNOTARY PUBLI04094047 C
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STATE OF ..._.........._......_..».. SS
COUNTY OF ..............._.........
On this ............................. day of ........ ___._.. ».»..»......., 19 , before me, the subscriber, personally
o appeared
the subscribing witness to the foregoing instrument, to the personally known, who, being by me duly
sworn, did depose and say that he resides at
O , o that he knows said
p to be the individual(:) 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.
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NOTARY PUBLIC
STATE OF ... _ _ .». _ _ _ :
SS
COUNTY OF'
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On this _ _ » day of _.._. __.._.., 19 before me personally came
z to me personally known who, being by me duly sworn did depose
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 h' mi corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order
r o $ < of the Board of Directors of said Corporation, and that he signed his name thereto by like order.
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_t'J it NOTARY PUBLIC
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