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HomeMy WebLinkAbout081433-0011W 04895 TOWN OF ITHACA, N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any). property location: THIS INDENTURE, made this ....Nth ........ day of ...... a h_......„.._.._„ ._.136.6.., IIM13EMEN CORNELL UNIVERSITY, a New York corporations organized and existing under the laws of the State of New York, havinghits principal office at Day Hall in the City of Ithaca, New York, referred to herein as GRANTOR and the TOWN OF ITIiACA, a municipal corporation in the County of Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the ` Z'L'��CXT nC�SK%Hil{,kJq F.LLIS HOLLOW ROAD SEWER DISTRICT (Town of Ithaca) NVITNESSETII: 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 high_ ways in order to render proper sewer srrvico 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 Crantor in consideration of the benefits to accrue both community wide and to said Crantor as it result of skthiliiatiou of properly values and protection of health anti otherwise, and In further consideration of whereof berein (attained and other gtxxl and sufficient consideration, receipt whcroE is hereby ueknowlcdged, 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 across or upon the lands of the Crantor in said Town in accordance with official plans and spe•ifieations 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 the attached map rri�YHmaemU¢tinc36�rttteystXiC>s�Kprt" made by Lozier Engineers, Inc. C;dW, showing the parcel marked Account No. . x .,__......... now "owned by the Grantor. Together with a temporary easement during the: period of original construction over so much of the owners property as may be necessary for men and vehicles while the said sewer main and appurtenances are being installed, which temporary easement ixx1 txx)xt x)axo, mX&M*XiMMIL shall be the minimum amount required for this nuroose. Additional provisions, deed references, property descriptions (if desired) are hereinafter set forth: The attached man, referred to above, is dated Ma..1. 1966, bearing, file no. ��s.a4 , The property covered by this easement is a portion of the nremise conveyed to Cornell University by deed recorded in Liber re-7 of Deeds, pat-e k�- , in the Tompkins County Clerk's Office. The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said property covered by said right of way, subject to the rights and privileges herein granted to the Town, and he reserves the right to use and enjoy said premises provided that such use shall not interfere with the construction, main- tenance, operation or repair of, or cause injury or damage to, the sewer pipe or appurtenances. The town will restrict its operations to the minimum feasible width for said right of way. T work is done on the grantor's Town, whenever any s premises, will restore the surface of said premises substantially the same condition as before such work was done, without expense to the owner. The owner shall be permitted to connect his sewer service lateral to such sewer main if it is more feasible and economical to connect with said sewer main instead of connecting to a different sewer main in an adjoining highway. The execution of this instrument by a party holding the following lien($) on the above premises shall constitute a release from any such lien(3) of the easement granted hereby: S. ^o- WEAL ESTATE AUG 15 1995 TRANSFERTAX (,1 TUMMNS This instrument shall be binding on the parties hereto, their distributees, personal representatives, sue cessors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the holders of this lien. • E is 0 0 iisip 755 PAGE 275 1.0 • .. ef_ �+vi a::�pC�".9lTa+>�rr.•:+a• ..era .y,.vw, e a ,ry .. s u. Y.... .4. W: . i u 755 Pact 276 WITNESS: (sign below): ................................................... ..._ Vka Prep:,!-nt . mminesi .......................................... _............... L.S. ...............................................................................L.S. ................ .......... ............................... .... .... ..... ___... ... L.S. STATE OF NEW YORK COUNTY OF TOMPKINS: SS. On this ........................ day of _ 1985, before me, the subscriber. personally aped ..........._.., o vo to me Personally known and known to me to be the same Person(s) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same• ..............................................................._.._. _. NOTARY PUBLIC STATE OF ........... ........ .............: COUNTY OF ........................... : SS. On this ..........I ............. day of ............. appeared ........... .......................... 1965, before me, the subscriber, personally � S to me personally known and known to me to be the same person(s) described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. ........................................................... «...... _.. «. .................... NOTARY PUBLIC STATE OF ......... o COUNTY OF SS. ..' j On this ........... _... ......... _... day of . ............................. 1985, before me, the subscriber, personally j appeared f , the subscribing witness to the foregoing instrument, to me " sworn, did depose and say that he resides at P�y�� being me duly i that ho knows said ,° to be the individual(s) described 1n, and who executed the foregoing instrument; that he, the subscribing witness, was present and saw he execute the same; and that he, said I , at the same time subscribed name as witness thereto. J: ... ....... »............... «...«..........«...............................-.....«....... PUBLIC STATE OF .....IiW...QRK COUNTY OF ZOMPKI.N.S..._: SS. On this ...«. 30.1.............. da y of ........kt �)t............... 1966 NO before me personally came O 'A7. JohE n E. Burton to me personally known who, being by me duly sworn did depose i� and say that he resides at Ithaca New York is the Vice President—Businegs that he of CORNELL UNIVERSITY 20 the corporation described in and which executed the above Instrument; that he knows the seal of said x'e corporation; that the, seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of,1NKxean of said Corporation, and that he signed his name thereto by like order. i Trustees ... RAT .rlt R. nnr,vAan Notary i .a• York ��...,. 1 (,);mb� I lnnmlr .... .................... IIhl'lui] 3: uca:l+ 14-1 NO 'A Y PUISLIC • 0 C] 0