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Home My WebLink About093126-001• r� L tP w-41 12J . 00 04495 pe-- 10 —Teti,. hair •el SANITARY SEWER EASEMENT 11114 W PAGE sy TOWN Of TTIIACA SANITARY SEWER [MPROVF[vff Nf PROMRTY LOCATION TOMPKINS COUNTY: TOWN OF MIACA Property Address Peachtree law rt Town of !Utica Tax Parcel Number 33-3-8 33 r Tl IlS INi1L•'1Ji'llRli rnaolc as o(thcL day of July, 1999, J 8[•TWFINJ F44 I611, Inc 16 Bast fnficld Center Road Ithaca, New York 14850 referred to hcrnn as the 0RANI'OR, and the TO)" Of' I111ACA, a municipal corporation with offices al 126 Vast C Soma Street, Ithaca, New York, hereinafter calla! GRANTlili, Its succcssors and assigns, Wn1NTiSSlTl I WIILREAS, 6RANTI?f has autlknicd the construction of facilities for and is about to construct the said c� Project which includes samtaan sewer transmission, collection and service lateral pipc(s) and appurtenances which by v reason of the ttp*mphv and grades in certain locations must depart from established highways, rights -of -way, easements or other Town property in order to complete the work necessary or reasonable to render proper sewn collection, transmission and wnwc to property owners in the Town of Ithaca, and JWIII•RCAS, the URANI'OR is the owner or has an interest in real property in tile'lown of Ithaca where the <) sewer collection, tmnsmwoon and sentu lateral ptpe(s) and aplautenances or other facilities must cross or encrowch upon private pnoperri lie the afxne reasons, NOW, 11IFRl•I ()RI , said (,RAN I OR in consideration of the Irricfrts to accrue both axiiniunn� wiole and to said 6RAN'1'OR as a result of stabdevation of property values and protection of the general health, bcnctit and welfare of the community, and otherwise, and in further cnsideratiot of the c vt:mints herein contained and other gad anal rvXi suRcirnt cnsiderauon, receipt whereof is hereby acknowledged, does hereby grant and comcy to said GRANITE, its sueccsaxs and assigns forger A Permanent nghtof--way / casement to enter upon, construct, operate, maintain, repair oral replace sanitary sewer collection, transmission and scmc:c lateral pipes) and appuricnatxcs or such other facilities as are herein dcso:nhed across or upon the lands of the GRANTOR in the Town of Ithaca tit accordance with official plans and specifications filed originally at the offrea of the Town Clerk of the Town of Ithaca, the width of the right-of-way / easement and the approximate location of the oenter line are shown on the attached map, unless otherwise shown on acid reap or unless otherwise stated hercm, the center Itm of the pipc(s) as actually laid shall Ix: the center lino of the nghtof--way / easarsent RECEIVED $ ,_ 0- JUL 15 1999 r REA L LSTATE TRANSFLR TAX TOMPKINS COUNTY u N 1311 853 PAGE 70 EASEM N-f -- Town of Ithaca Sanitary Bawer Improper act TOORTIIER WMI a temporary easement during the period of original oonstruetion over go much of the owmol's property as may be necessary for personnel and vehicles while the said sower pipe(.) and appuRmanoes (or any Mier faaltttes specifically described below) are being installed, which tomgrorary easernent is also shown on the attached map. The execution of this instrument by a party holding the following lien(s) on the &how prermses shall constitute a release from any such ben(s) of the easement granted hereby: All equipment, materials, and other property belonging to the GRANTEE, its agents or oontnsetora, stored on or located on the right-of-way / easement area, and the sewer pipe(s) and appurteranoea (or any other facilities) oonstructed on said premises shall remain the property of and shall be under the control and supervision of the ORANIT,F, but the (iRANPOR (1) reserves the underlying fee title to said erty propoosered by said easement / right-of- way, subject to the rights and pm7lcgcs herein granted to the GRAN11r, and (2) GRANTOR rwcnes the right to use and enjoy said premises promdod that such use shall not interfere with the rights granted to the GRANME' hereunder or the o onstruchon, maintenance, operation or repair of, or cause injury or damage to. the sanitary sewer pipe(s) or other facilities or apptutcmanxs The GRAN'11.1 will take reasonable steps to rennet its operations to the minimum feasible width/area fix said right-of-way / easement WhcncvL'r any work is dune on the GRANTOR'S prcmrscs, it is agreed that, without expense to the owner, till dcbns will be rurnovod, the premises will be, restored to substantially the same condition it was in bcfivv 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 exerewe of nghts under this nght-of-way / caserne nt shall be dome so as to nummve em7nmmcntal damage andhx consequctwn If any damage is caused to the GRANTOR'S property, or if such property has not been properly restoral by the GRAN ITI , the 612AN I l M sludl grc ptompt and die notice nj_wntimg to the (NAN1T H at the fawn o1' MILIUi (1111ec gt 126 past Seneca StmcrL Ithnen, New York givn,dtauly following any such olanuaac or halurc to restore the tworrrtv Such notice must be in writing and must he 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 exnnmenco d within two years from the happening of the c%v nt upon which GRANFOR'S claim is based or within such shorter statutory period as may be appbcable Additional provsstons, deed refcrem:es, property descriptions (if desired), and descriptions of additional facilities are hereinafter set firth A permanent easement 30 feet wide centered or the sewer line as built muting from manhole N 6 to manhole N S to manhole N 7 to manhole N 8 to manhole N 9 to manhole N 10 to manhole N 11 as shown on a sunny map enUded "SAPONI MEADOWS SUBDIVISION, SEXFN MILE DRIVE, ITTIACA, NEW YORK" dated March 14, 1994 and filed May 20, 1994 in the Tompkins Canty Clerk's Office in [rawer V, N 140. i • • uua 853 ►m 71 FASFM -24T — Town of Iths" Sanitary Sewer Imprmanaft 17hts instrument shall hind the parua hereto, their dtstnbuta, personal repre"uttves, suooessors and ssstgns IN VMNEiSS WEEFREOF, this tnshmicrtts has barn duty o muted by the GRANTOR(S) and/or the holden of this Ilan. WITNESS: (sift below) Eddy Ih11. Inc -Fla Paul Jacobs. Frasdem I 0 I 0 t 3 1 f ACKNO#MDGMENr STATE OF NEW YORK ) COUNTY OF TOMPKINS) u: On the \A day of July in the year 19" before rise, the undersigned, a Notary Public in and for said State, personally appearad Paul Jacobs, personally Imown to mo or proved to rrue on the basis of utisfietory evidence to be the individual µhose name is subscribed to the within instrument and to me that he executed the same in his capacity, and that by his signature on the instrument, the a vi a aapam halal[ of which the individual octal, cxa:utal the instrument. �� Notary Public a lames wor 11DWY Nblic Stsla of Nsa Mo U852)0 Owiday,n 1at,Nrns Cann swan Fin rcs N It '}V'i s Tomptdw Co� , 89 � Recorded on the j of c,tc 19�� o'clock. Nl inLiber of 1_i2__._.�_l�_' atpage� and examined. i Sy�{ ttj F Y t Y q i F p x