Loading...
HomeMy WebLinkAbout082880-0011►li� 767 tact 334 015 C 9 SANITARY SEWER EASEMENT o —• Ri t I. �STA1� MAR 13 1^66 N THl".. FFR IAA( ?; •:: KINS C,O "4TY 11 THIS INDENTURE, made as of then day of Aki! between PEREGRINE PARTNERS, c/o Ralph R. Varn, 471 Midline Road, Freeville, New York 13068, fr(�ntor 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 arc to become an extension of Grantee's sanitary sewer system, and WHEREAS, Grantor is the owner of an casement 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 hL ing 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 Slaterville 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, more 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; 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 • • • 0 • IiEt� i6i r.;F 335 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 North 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 loo.00 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 1 I+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 (Libor 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 to seconds East a distance of 294.09 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 i'sast 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 casement premises being located in part on the premises conveyed to Eleanor Foote by deed recorded October 6, 1986 at Libor 621 at Page 4. over which premises said Eleanor Foote granted to Peregrine Partners an casement 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 Libor 737 of Deeds at Page 279. Said casement 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 Ithaca, but, to the extent of the portion of such easement that lies on tits premises owned in fee by Grantor (Libor 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 • uIu 767 no 336 substantially the same condition it was in before such work was perforated, 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 14850. `s This instrument shall bind the parties hereto, their respective successors, distrihulees, personal representatives and assigns. i IN WITNESS WHEREOF, this instrument ha.- hixn duly executed by the Grantor and by any parties holding liens as referenced above. PEREGRINE PARTNERS: By:_, -RaTpli R. Varn. General Partner By: Richard C. Varn, General Partner By: Rainer Saldsieder, General Partner By:�� 4 Ralph R. Varn, attorney -ink fact i 3 • • • Ilo 767 PA6t 337 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . f On the 11- day o vcm r, 19(�x�.fore me personally came RALPII R. VARN, to me known, who, being by me July sworn, did depose and say that he resides at No. 471 Midline Road, Frceville, New York 13068; 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 sl le, and acknowledged that he executed the same as the act and deed of s ' , rtnership. • Yulk STATE OF NEW YORK) COUNTY OF TOMPKINS) ss" On thq day of Ahwe4fJF>lr, 196, before me personally came RICHARD C. VARN, to me known, who, being by me July swom, did depose and say that he resides at No. 34 Dove Drive, Ithaca, New York 14850; 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 • 4 JAMFc!d VjPRI BAN N(,1A1?1 Y Yew Yotk h. y Commu;wr, l+pursMp�,r�M. , t9-2 " - ... tuts 767IAIA 338 STATE OF NEW YORK) COUNTY OF TOMPKINS) On the 21day of 'o ember, 9�j, before me came RALPH R. VARN, to me known into be the attorney fact of RAINER SAL CIEDER, 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 I, 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 sign the same, and acknowledged that he executed the same as the act and deed ( -I VIA t0"41% cou*M, w 13 Rtardad o^ no ... ry. .. D•.. d...�I.^�� GIt1t 5 • • • 0