Loading...
HomeMy WebLinkAbout407062-001Aurora R. Valenti Liber:02504 Page- TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 6 Receipt No. 407062 DATE: 02/20/2002 Time: 09:19 Document Type: EASEMENT/LEASE Parties To Transaction: IACOVELLI Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No: 01807 Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Mortgage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 11111111111111111111111111111111111111111111111111 Litter; --.D2` 04 Page„ 2 SANITARY SEWER EASEMENT TOWN OF ITHACA SANITARY SEWER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: V Town of Ithaca Tax Parcel Number:- �oo THIS INDENTURE made as of th� of , {� BETWEEN: oRkAivb© $ i Ai,4 :r;gCOac/,/- 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 authorized the construction of facilities for and is about to construct the said Project which includes 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, 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 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 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 / easement and the approximate location of the center line are shown on the attached map; 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 / easement. L CD 2 51-14 V. �W NON- :vl f, * DAM 7- (Otyo� ii Liter ;"D2504 Fages4 EASEMENT -- Town of Ithaca Sanitary Sewer Improvement TOGETHER WITH a temporary easement during the period of original construction over so much of the owners property as may be necessary for personnel and vehicles while the said sewer pipe(s) and appurtenances (or any other facilities specifically described below) are being installed, which temporary easement is also shown on the attached map. The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement 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) 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. The GRANTEE will take reasonable steps to restrict its operations to the minimum feasible width/area for said right-of-way I 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 GRANTORS property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writine to the GRANTEE at the Town of Ithaca Offices at 126 East Seneca Street, Ithaca. New York, immediately 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. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: Uxber:02504 Page: c TITLE INFORMATION FROM PROPERTY OWNERS 1. Property Owner (Full name. If more than one person has an interest in the property, state their name. Also, state the nature of relationship, i.e., husband and wife, or tenants in common, parent and child, etc.) Name, Address & Telephone Number: oR,"NDOje jQR'k'p1� �coU,�-kZ1 ,347 C- ODDI M6TOly R040 A lJ /V"X 2. Property Location and Tax Parcel Number ,,P- 7 "'PCIV +I5'y4MIV14 &I 3. Indicate who has possession of any or all of the following (cross t whichever is not applicable): Abstract of Title: Deed: 8q—/ 66 Also, give the following information as to recording in County Clerk's Office (usually found in front of Deed): Book' Page Date of Recording Survey, Map, Sketch: 4. Name and address of any person or institution holding a mortgage or mortgages on your property: 5. If you acquired the property by Deed, please fill in the following: Approximate date (give year if you can't remember month): From whom purchased: 6. If you inherited property, please fill in the following: Approximate date: From whom: Was there a Will? If there was no Will, was an administrator appointed? The above information will be used by Municipal Officials for the purpose of preparing or verifying right of way agreements, communications with property owners, etc. EASEMENT -- Town of Ithaca Sanitary Sewer Improvement This instrument shall bind the parties hereto, their distributes, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instruments has been duly executed by the GRANTOR(S) and/or the holders of this lien. WITNESS: (sign below) L.S. L.S. L.S. Liber.-CD 5t_I4 Page.-7 INDIVIDUAL ACKNOWLEDGEMENT STATE OF NEW YORK SS. COUNTY OF TOMPKINS t aoo/ On the ' �" —day of in the year before me, the undersigned, I or A Notary Public in and for said State, personally appeared,y 47 Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose Name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they 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. SANDRA LORRAiNE SHARP Notary Public State of New Yorkja-.(�Z.4 1 IIusiig � in Toit�t�it 7wm des Prrah ACC*©d NOTARY PURL C ACKNOWLEDGMENT BY SUBSCRIBING WITNESS State of New York ) SS.: County of ) On the day of Public in and for said State, personally appeared in the year before me, the undersigned, a Notary the subscribing Witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, Did depose and say the he/she/they reside(s) in (if the place of Residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. NOTARY PUBLIC execute