HomeMy WebLinkAbout086914-001•
0.1•105 ll.a 801 racl 83
SANITA11Y SEWER EASEMENT
TOWN OF ITHACA SANITARY SEINER IMPR0VEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address. Lot A-7, Frandsen Subdivision, Park Lane EIVEU-
s
Town of Ithaca Tax Parcel Number: 56-3-13.2 gyp,
¢
THIS INI)ENTI'HE made as of the 30th day of July, 1997 JUL 3 1 1997w
REAL ESTATE
BETWEEN: William P. Frandsen of 19 Orchard Street, Spence . New(�9vL-\sICR3T> Hay
referred to herein as the GRANTOR, and the TOWN OF ITHACA, , a municipal N.1
corporation with offices at 126 East Seneca Street, Ithaca, New York, hereinafter
called GRANTEE, its successors and assilms,
WITNESSETII:
WHEREAS, GRANTEE has constructed certain facilities which include
sanitary sewer transmission, collection and service lateral pipe(s) and
appurtenances.
WHEREAS, the GRANTOR is the owner of real property in the Town of
Ithaca where the sewer collection, transmission, and service lateral pipets) and
appurtenances or other facilities are located.
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 the general health, benefit and welfare of the
community, 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 GRANTEE, its successors and
assigns forever: A permanent right-of-way/easement to enter upon, construct,
operate, maintain repair and replace sanitary sewer collection, transmission and
service lateral pipe(s) and appurtenances or such other facilities as are herein
described across or upon the lands of the GRANTOR in tale Town of Ithaca, in
accordance with official plans and specifications filed originally at the office of the
Town Clerk of the Town of Ithaca; the width of the right-of-way/easement and the
approximate location of the center line are shown on the map referred to below, dated
June 27, 1997, a copy of which is intended to be filed in the County Clerk's Office
concurrently with this easement; unless otherwise shown on said map or unless
otherwise stated herein, the center line of the pipe(s) as actually laid shall be the
center line of the right-of-way.
There is also conveyed by this easement all right title and interest of Grantor
in, and to all pipe(s) valves, accessories, equipment and appurtenances installed in
such easement area.
110 801 "a 84
The execution of this instrument by a party holding the following lien(s) on the
above premises shall constitute a release from any such liens of the easement and
rights granted hereby:
All equipment, materials, and other property belonging to the GRANTEE, its
agents or contractors, stored on or located on the right-of-way/easement area, and
the sewer pipe(s) 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 easement/right-of-way, subject to the rights and privileges
herein granted to the GRANTEE, and (2) GlIkNTOR reserves the right to use and
enjoy said premises provided that such use shall not interfere with the right granted
to the GRANTEE hereunder or the construction, maintenance, operation or repair of,
or cause injury or damage to. the sanitary sewer pipelsi or other facilities or
appurtenances. The GRANTEE will take reasonable steps to restrict its operations
to the minimum feasible width/area for said right-of-way/easement. Whenever any
work is done on the GRANTOR'S premises, it is agreed that, without expense to the
owner, all debris will be removed, the premises will be restored to substantially the
same condition it was in before any such work was done insofar as such restoration is
reasonably possible. To the greatest extent reasonably possible, and Subject to the
necessary requirements of the project being undertaken, the exercise of rights under
this right-of-way/easement shall be done so as to minimize environmental damage
and/or consequences. If any damage is caused to the GRANTOR'S property, or if
such property has not bee properly restored by ;the GRA-NTEE, the GR VNTOR shall
give prompt and due notice in writing to the GRL\TEE at the Town of Ithaca Office
at 126 East Seneca Street, Ithaca. New York i ninediately following any such
damage or failure to restore the property. such notice must be in writing and must be
given promptly in order to enable the Town of Ithaca to notify the Town Engineer and
the Contractor, if any who performed the work on the Project. Any action against the
Town must be commenced within two years from the happening of the event upon
which GRANTOR'S claim is based or within such shorter statutory period as may be
applicable.
The plans and specification filed at the office of the Town Clerk of the. Town of
Ithaca are entitled "Subdivision Plat - Frandsen Subdivision - Section 4 Lands of
'i
William P. Frandsen" prepared by Stockwin Surveying, dated June 27, 1997.
1.
This instrument shall bind the parties hereto, their distributes, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the
GRANTOR and/or the holders of this lien.
•
•
r�
0
•
11.1� 801 Pact 85
� — /'-JI"49-2 LS.
STATE OF NEW YORK l
• COUNTY OF TOMPKINS) ss.:
On this 30th day of July, 1997 before me, the subscriber, personally appeared
WILLIA.NI P. FRANDSEN to me personally known and known to me to be the same
person described in and who executed the within instrument, and he duly
acknowledged to me that he executed the same.
I`utary Public
Ne 4;fir
P
•
Tompld=►
Ro theI per,
of
o'clock is Liber i
of d page
and examined.
0