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Home My WebLink About096860-001........�..�.w .+.•...-.-......-+ e.,..+...,...-...-.a'r..rr.«.w..-a,w..�-w.rr..wa..-....m+...w,�.�w.�.w.,�r•.,... �.w...w.ww `S • s }j} i a- �.•Pdleb'F. . .. 48t1*69"t:'�tlX.4,'. E!�"Aw � w.ne...: ,�,. .. .. � • t11tA PACE 96 RoardMgfuu I Rotrrn to: BARNEX GROSSMAN, DUBDN A MARCUS Suoa Building W"% Srlq 400 119E. Sonoa stroot SANITARY SEWER EASEMENT lthsa, Now York 14850 TOWN OF ITHACA SANITARY SEWERIMPR r K1 PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA r, Property Address: 114 West King Road Town of Ithaca Tax Parcel Number: 39.4-19 :v ` r= THIS INDENTURE made as of the W h day of 2000. s ? c BETWEEN: Teresa S. K. Hsu o referred to herein as the GRANTOR. and the TOWN OF ITHACA. a municipal corporation with offices at 21 S North Tioga Street, Ithaca, New York. hereinafter called GRANTEE, its successors and assigns, WITNESSETH: WHEREAS, GRANTEE has authorized the construction of facilities for and 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 -way, easements or other Town property in order to complete the work necessary or reasonable to render proper sewer collection, transmission and service to property owners in the Town of Ithaca. 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 pipes) and appurtenances or other facilities cross 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 welfare of the community, and otherwise, and in • further consideration of the covenants herein contained and other good and sufficient consideration, receipt whcrcof is hereby acknowledged, does hereby grant and convey to said. GRANTI:G its successors and assigns forever: A ixsmanent right-of-way / easement to enter upon, construct, operate. maintain, repair and replace sanitary sewer collection• transmission and service lateral pipc(s) and appurtenances or such other facilities as are herein described across or upon the lands of the GRANTOR in the Town of Ithaca, the width of the right-of-way / easement and approximate location of the center line arc shown on the attached map; unless otherwise 4- C� 0 0 tim 885 ►ACI 97 show on said map or unless otherwise stated herein, the center line of the pipes) as actually laid shall be the center line of the right-of-way / easement. TOGETHER WITH a temporary easement for the continued existence of the pipeline under the house. If it becomes necessary to repair the section of pipe under the house the pipe will be relocated at the Town's expense to a location within the boundaries of the permanent easement. The execution of this instrument by a party holding the following licn(s) on the above premises shall constitute a release from any such licn(s) of the casement 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 / casement area, and the sewer pipc(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 casement / right-of-way, 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 rights granted to the GRANTEE hereunder or the construction, maintenance, operation or repair of, or cause injury or damage to, the sanitary sewer pipe(s) or other facilities or appurtenances. It being understood and agreed that the mere existence of the house and garage in their present locations ill take reasonable steps to restrict its do not constitute such interference. The GRANTEE w operations to the minimum feasible width/arca for said right-of-way / casement. 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. Said restoration to include rebuilding of the improvements on the property or any portions thereof as are necessary to restore the property to the condition it was in before the pipe was moved. 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 /casement 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 been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in HTitine to the GRANTEE Uk Town of Ithaca Offices at 215 North Tiot titreet. Ithaca. Ncw York. imms di�tely following apv each dilmaL'C Or failure to restore the VLQ9W . 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. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities woe hereinafter set forth: •2- .n.......-..........<r�.......,..e.r....r.r....uw�..w.w...r�.r+.nwv�aww'r�wns,nRMeOivRMP 'wiM�9ls'LS��1 —. •-V.f/i +,YI�,.v.: i4 11 t.JN',f C... .xcr.. L up 885 rrwt 98 I i I 1 �To.ewary La 1 I AI I 1 I I �I 34 11411K"Rd /j PERMANENT AND TEMPORARY EASEMENTS FOR SANITARY SEWER MAIN THROUGH THE LANDS OF TAX PARCEL " 39-1-19 TOWN OF ITHACA WATER SYSTEM TOMPKINS COUNTY , NEW YORK FILE:114 West King SCALE Not to Scale DATE: 8/1.1/00 C� • • r� L • 0 116I4 885 MI 99 Notwithstanding the foregoing, if it becomes necessary to repair the section of pipe under the house, at the Town's option rather than relocating the pipe, the Town may elect to install a new pipe in the new permanent easement area, cut off the pipe under the house. and abandon the old pipe. Upon such abandonment the title to the abandoned portion of the pipe shall rc%,cn to the GRANTOR. This option of the Town may not be exercised in the event such abandonment will result in injury or damage to the structure under which the pipe presently lies or the surrounding property. If the Town chooses to exercise such option and damage does occur to the said structure or surrounding property, the Town will restore and/or rebuild the property to the condition it was in before the resulting damage. This instrument shall bind the parties hereto, their distributees. personal representatives, successors and assigns. IN WMESS WHEREOF, this instrument has been duly executed by the GRANTOR. S �d! a L.S. STATE OF NEW YORK ss.: COUNTY OF TOMPKINS : On thc_2 th day of August in the year 2000 before me, the undersigned, personally appeared Teresa S.K. Hsu personally known to me or proved tome on the basis of satisfactory evidence to be the individual(s) whose name(s) is (arc) subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. C Notary Public ' MTMM aim" (bbryW idNetrYbM $ RECEIVED ^ IVYcae ,pm4N 001 TO AUG Z y 2000 REAL ESTATE TRANSFER TAX FwMPKINS COUNTY .3- I .anl•Lnta Cum . Ss: Re dc,1 •n th. po! of =� o'cl M., in IJhcr of at page and examined.