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