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Home My WebLink About082879-001E • pc f) ,11% nc� naR 13 Isss TRAN:iFcRTIV( � \1 TGr.t�Kwg Q� SANITARY SEWER EASEMENT COUNTY rn�� iq9� THIS INDENTURE, made as of the 11 day of Aievee►I tr. 1.995, between PEREGRINE PARTNERS, c/o Ralph R. Varn, 471 Midline Road, Frceville, New York 13068, Grantor and THE TOWN OF ITHACA, a municipal corporation formed in accordance with the laws of the State of New York, having offices at 126 East Seneca Street, Ithaca, New York 14850, Grantee, its successors and assigns, WITNESSETH: WHEREAS, Grantor has completed certain sewer lines to provide sewer service to the Peregrine Hollow Subdivision, which lines are to become an extension of Grantee's sanitary sewer system, and WHEREAS. Grantor is the owner of an easement across certain real property, and is the owner in fee of certain other real property. in the Town of Ithaca under or through which said sewer lines run: NOW, THEREFORE, Grantor, in consideration of the covenants herein contained and other good and valuable consideration, the legal sufficiency and receipt whereof are hereby acknowledged, does hereby grant and convey to said Town of Ithaca, its successors and assigns forever: A permanent right-of-way to enter upon, operate, maintain, repair and replace a sanitary sewer pipeline and appurtenances, or such other facilities as are herein described, under, through, across or upon the premises described in more particular detail as follows: ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins, State of New York, lying and being as follows: that certain strip of land, twenty (20) feet in width at all points, the centerline of which strip is described in more particular detail as follows: • BEGINNING at a point which point is located the following courses and distances from a point on the northerly right-of-way line of Slatcrville Road (New York State Route 79) at the intersection of the westerly property line of premises reputedly of Terry L. Singleton (Libor 578 of Deeds at Page 647): South 54 degrees 06 minutes 47 seconds East a distance of 136.24 feet, Rmore or less, to a point, which point is the centerpoint of a sewer manhole identified as Station 0+00, thence South 49 degrees 14 minutes 46 seconds East a distance of 68 feet to the point or place of beginning, which point is the centerpoint of a sewer manhole identified as Station 0+68; f thence from said point of beginning North 61 degrees 53 minutes 24 seconds East a distance of 181.17 feet to a point, which point is the centerpoint of a sewer manhole identified as Station 1� u Iltu 767 PAGE 330 2+49. thence North 9 degrees 52 minutes East a distance of 109.48 feet to a point. which point is the centerpoint of a sewer manhole identified as Station 3+58.6. thence Notch 28 degrees 48 minutes 29 seconds West a distance of 238.4 feet to a point. which point is the centerpoint of a sewer manhole identified as Station 5+97; thence continuing North 28 degrees 48 minutes 29 seconds West an additional distance of 238.4 feet to a point, which point is the centerpoint of a sewer manhole identified as Station 8+35; thence North 8 degrees 28 minutes 39 seconds East a distance of IM.06 feet to a point, which point is the centerpoint of a sewer manhole identified as Station 9+35; thence North 53 degrees 03 minutes 57 seconds East a distance of 229.93 feet to a point, which point is the centerpoint of a sewer manhole identified as Station 11+65; thence North 12 degrees 28 minutes 30 seconds East. at 34.95 feet passing through a point on the northerly line of premises of Eleanor Foote (Liber 621 of Deeds at Page 4), which northerly line is the southerly line of premises of Peregrine Partners (Libor 737 of Deeds at Page 279), a total distance of 192.52 to a point, which point is the centerpoint of a sewer manhole identified as Station 13+58; thence South 79 degrees 05 minutes 10 seconds East a distance of 294.01) feet to a point, which point is the centerpoint of a sewer manhole identified as Station 16+52; thence South 80 degrees 15 minutes 16 seconds East a distance of 50.56 feet to a point on the easterly boundary line of the Town of Ithaca with the Town of Dryden. These easement premises being located in part on the premises conveyed to Eleanor Foote by deed recorded October 6, 1986 at Liber 621 at Page 4, over which premises said Eleanor Foote granted to Peregrine Partners an easement by instrument made as of October 26, 1994 and recorded immediately prior to the recording of this instrument, and in part on the premises conveyed from Eleanor Foote to Peregrine Partners by deed recorded October 26, 1994 in the Tompkins County Clerk's Office at Liber 737 of Deeds at Page 279. Said easement premises are depicted in part on that certain survey map entitled "Record Drawing, Peregrine Hollow, State of New York, County of Tompkins, Town of Ithaca," dated October 25, 1995 and designed and surveyed by L. Fabbroni, and in part on that certain survey map entitled "Record Drawing, Peregrine Hollow, State of New York, County of Tompkins, Town of Ithaca," dated October 26.1995, designed and surveyed by L. Fabbroni, copies of which two survey maps are intended to be filed in the Tompkins County Clerk's Office concurrently with the recording of this instrument. The sewer line and appurtenances or other facilities constructed on said premises shall remain the property of and shall remain under the control and supervision of the Town of Ithlaca, but, to the extent of the portion of such easement that lies on the premises owned in fee by Grantor (Liter 737 at Page 279), the Grantor (1) reserves the underlying fee title to said premises, 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 maintenance, operation, repair or replacement of, or cause injury or damage to, the sewer line or other appurtenances or facilities referenced herein. The Grantee shall restrict its activities on Grantor's premises to the minimum practical area for the purposes to be served by this grant of right-of-way. In any event that work is performed by Grantee on Grantor's premises, Grantee, at no expense to the owner of the premises, shall remove all debris and restore said premises to 3 • • • 0 • 115ER 767 ME 3.31 substantially the same condition it was in before such work was performed, including, without limitation, finish re -grading and reseeding of the disturbed surface area. In the event Grantee causes any damage to Grantor's property. Grantor shall deliver prompt notice of same in writing to Grantee at the Town of Ithaca offices, 126 East Seneca Street, Ithaca. New York 14950. This instrument shall bind the parties hereto, their respective successors, distributees, personal representatives and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor and by any parties holding liens as referenced above. • • 7 PEREGRINE PARTNERS: a p �RVrn. General armcr By. 0� 67 � 4 — Richard C. Varn, General Partner By: Rainer Saldsieder, General Partner By. �attom /4 Ralph R fact ,r;., 0 C tv 767 past 332 STATE OF NEW YORK) COUNTY OF TOMPKINS) On the day of iia I r, 4before me personally came RALPH R. VARN. to me known, witbeing by me duly swom, did depose and say that he resides at No. 471 Midline Road, Freeville, New York 13(0; that he is a general partner of Peregrine Partners, a New York general partnership, and that he executed the foregoing instrument in the partnership name of Peregrine Partners, and that he had authority to sign the same, and acknowledged that he executed the same as the act and deed of said partnership. LAND ERR BAKER Notary Pub• SCO' ON nw York 424 Oua6} m"usA.nsCounty Ot�ry� U1�a Cprnm�w� L.Puus August 31, 19� IJ V JAMES M KERRIGAN NOTARY PUB; IC, S!,te of New York No 55 2U�o,,K5 STATE OF NEW YORK) Quald;e0 m (vm MA County l �.: Comm!wun Gpues M�uep,;p,115t,1 / COUNTY OF TOMPKINS) 4r-, On the day of r, 14, before me personally came RICHARD C. VARN, to me known, w o, being by me duly swom, did depose and say that he resides at No. 34 Dove Drive.. Ithaca, New York 14950; that he is a general partner of Peregrine Partners, a New York general partnership, and that he executed the foregoing instrument in the partnership name of Peregrine Partners, and that he had authority to sign the same, and acknowledged that he executed the same as the act and deed of said nartnershin. DACE PHA f..KER tiotsry c . mu+ u! N w York ,;53424 Qusldied To C my �pmmtadort wetAuyusl3l, Is- 4 JAMES M. KERRIGAN NOTARY PUBLIC S!,!r of New York No.55 Zuyibe5 Qualified in tuflP- a Count Comin"Un Eaplie5 maiiet 33o.19w—, ^r Q E 0 E nut 767 pact 333 STATE OF NEW YORK) COUNTY OF TOMPKINS► s'?�� On the day of 19`&before me came RALPH R. VARN, to me known to be the attorne m fact of RAINER S 1-15SIEDER, the individual described in and who by his said attorney in fact executed the foregoing instrument, and duly acknowledged before me that he executed the same as the act and deed of RAINER SALDSIEDER therein described, and for the purpose therein mentioned, by virtue of a power of attorney duly executed June 1, 1994. and recorded June 6. 1994 in the Office of the Clerk of the County of Tompkins in Liber 725 of Deeds at Page 305, and that RAINER SALDSIEDER is a general partner of Peregrine Partners, a New York general partnership, and that he executed the foregoing instrument in the partnership name of Peregrine Partners, and that he had authority to st n the same, and acknowledged that he executed the same as the act and deed of saidpa crship. ) r JIYr KFRP.IGAN NOTARY P^ (C. Sr,rr of New York No 55-Y��;i�S Qualified m hwn , .,,is (;panty OommisaWn Eapue3 LuWaL�JO. 192 Tornpkins County, st tc ae on the L.... �y �D/�y 0�;;.1.1. �r i9t� l� clI RM., in Mbar ,.,1•� �.•1. 01.., r nusuY N Wfaa �� .rua��u�wuw��NM. a.i 5 0