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Home My WebLink About088577-001{5 +Y. ' 01558 Mork 814 PACE 30's SANITARY SEWER EASEMENT AND LICENSE AGREEMENT TOWN OF ITHACA SANITARY SEWER PERMIT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1335 Slatervilie Road Ithaca, Nety fork I.185U Town of Ithaca Tax Parcel Number: 58- t-5 mar,h THIS INDENTURE made as of the Yi6_ day of Ewmvtrrp, 1998, BETWEEN: John 1. and Joyce 11. McAllister 1335 Slat •rville Road lilsCElVtI) $ —� — MAR - 6 1998 ,gyp REAL ESTATE 0� TRANSFERTAX TOMPKI N S COU NTY Ithaca, New York 14850. referred to herein as the GRANTOR, and the TOWN OF ITHACA, a municipal corporation With offices at 126 East Seneca Street, Ithaca. New York, hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS. GRANTEE has constructed sanitary sewer transmission, collection and service lateral pipe(s) and appurtenances which by reason of the topography and grades in certain locations must depart from established highways, rights of -ways, easements or other Town property in order to render proper sewer collection, transmission and service to property owners in the Town of Ithaca, and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer collection, transmission, and service lateral pipe(s) and appurtenances or other facilities must cross or encroach upon private property for the above reasons; 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 %%clfare 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/casement to enter upon. construct, operate, maintain, repair and replace sanitary sewer collection, transmission and service lateral pipe(s) and appurtenances or such other f.:_ilities as are herein described across or upon the lands of the GRANTOR in the 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/casement and the approximate location of the center line • 0 • 1 rncuiliver tar. wr5luh .Ranh 3, 1u 8 1: 44n1 ick 814 pva 304 are shown on the attache neap (intended to be recorded concurrently herewith): unless otherwise shown on said ivap or unless otlierwisc state herein, the center line of the pipc(s) as actually laid shall be the center line of the right-of•way/easenicnl. All equipment, materials, and other pruferty belonging to the GRANTEE, its agents or contractors, stored on or located on the right- f-way/eascnten[ area, and the sewer pipe(s) ,ind appurtenances (or any other facilities) constructed on said premises shall remain the property of and shall he under the control and supervision of the GRANTEE, but the GRANTOR ( I reserves the underlying fee title to said prcper:y covered by said easennenUright-of-way, subject to the rights and privileges herein e,ar,::d to [he GRANTEE, and (2) GRANTOR reserves the right to use and enjoy Said premiss provide that such use shall not interfere with the rights granted to the GRANTEE hereunder or the construction. maintenance, operation or repair of, or cause injury or damace to, the sanitary sewer pipe(s) or other facilities or appurtenances. The GRANTEE will take reasonable steps to restiiet its Operations to the mininlunl feasible width/aiea for said liglit - of- way /casement. Whenever any work is dune on the GRANTOR'S premises. it is agreed that. withoul expense to [he owner, all debris will be removed, the premises wi!l t-e restored to substantially the same condition it was in before any such work was dyne insofar as such restoration is reasonahly possible, subject to the provisions set forth below. To the greatest extent reasonably possible, and subject to the necessary requirements of the pr ,jcct being undertaken, the exercise of rights under Ellis right-of-way/casement shall be dome so as to nim ntiz.e environmental daniage and/or consequences. If any damage is caused to the GRANTOR'S property, or it such property has not been properly restored by the GRANTEE. the GRANTOR shall giyc prompt and due notice in writine to the GRANTEE at die Town of Ithaca Offices at 126 East Seneca Street Ithaca New York ininiedi rtcIv folio\%rmi anv such daniaee 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 Tuwn 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. As additional consideration for this easement, the GRANTOR shall be permitted to connect GRANTOR'S 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. As shown on the attache neap. there is prsently constructed over the sewer casement a carport. GRANTEE hereby grants to the GRANTOR. GRANTOR'S heirs, successors and assigns, a license to maintain the carport within the easement area granted to the Town, subject to the following terms: 1. Should an event occur requiring GRANTEE to excavate to repair, replace, or otherwise maintain the sewer line within the sanitary sewer easement, to the extent two Al d mr r 'i1 n z C�RFORATE BOUNORY. CITY/TOWN ITMACA - : 91E, "pQ9C TAX PARCEL \ 1335 J 20' PC-"NT [^scut.} PERMANENT EASEMENT FOR SEWER MAIN THROUGH THE LANDS OF TAX PARCEL # 58-1-5 TOWN OF ITHACA SEWER SYSTEM TO,NIPKINS COUNTY , NEW YORK CONST. DIVG EASEMENT MAP DATE 3/3/99 _—_-- SCALE i== 50'----- i 0 . I miuilwei.e-. r,(rtlr+h AL,,h J, l4U.Y 11 I,YIIrI ImIR 814 Pl.I 311 reasonably possible GRANTEE agrc¢s to try and avoid excavations which will adversely affect the carport and/or its foundation. 2. Notwithstanding the Glreguing. huweccr. GRANTEE shall not be liable for any damage it) the carport resulting from GRANTEE'S exerLiSC of GRANTEE'S rights under the Casement Lranwd by this instrument as well as by the casement granted by an instrumentirom Frcd 11. Thomas and [n__rid Thomas dated May 4, 1967 and recorded in the Tompkins Counts Clerk's office August 9, 1993 in Book 706 of Deeds at Park 89. 3. GRANTEE'S obligation to restore the property to substantially the same condition it was in prior to the GRANTEE'S exorcise of any rights under this casement, shall not require the GRANTEE to reswra the c-,rport or any other structure that may currently exist within the Casement area now ur at the tiafC any such work by the GRANTEE occurs. This agreement confirms the easement agreement given by Fred and Ingrid Thomas referred to above, and except as othcmise sl^c.ifically moililied by this agreement, said previously granted Casement shall remain it full force and effect. IN WITNESS WHEREOF, this instrurnem has been duly executed by the GRANTORS and the GRANTEE as of the da% and year first above written. Jhhn 1. v Allister oyce H. McAllister Town of Ithaca Catherine Valentino, Supervisor 3 p ISER $ia PASE U2 ..,.�n J, ryes rr:•rw,,,, STATE OF NEW YORK COUNTY OF TOMPKINS On the ay of March in the year 199M before me, the undersigned, a Notary Public in and for said State, personally appeared John J. McAllister and Joyce H. McAllister personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that dwy CxeCuled Ibc• same in Ihrir capacilie-, ;ual that by Ibrir sit liallm•s on Ihr imllunlellf the individuals, or the person upon behalf of «hich the individuals acted, executed the instrument. ROBERT We of NO N4stery Public. State of NOW York No.66-92t?4950 , Qualftied In Tompkins Coumy Term Expires March 30,19 N4T Public STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the y}h day of March in the year 1998 before me, the undersigned. a Notary Public in and for said State, personally appeared Catherine Valentino personally known to me - or proved to me on die basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted. executed the instrument. r Publi • -- � t 7 q c ,' JOAN LENT 14=1900M� IW?'P :Y PUHLM etKMGQP T7EW Yom = R G k` 49;4G47 I t C,r.'ARCN.30 1A S: Tompkins Co�mtt �s Recco ed on the to Vi y of 19 at o'clock , in Li.It 1 of at page and examined. � F 4 t