HomeMy WebLinkAbout407062-002Aurora R. Valenti
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: 09:20
Document Type: EASEMENT/LEASE
Parties To Transaction: IACOVELLI
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 01808
Liber:0250-4 Pages3
Delivered By: TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Mortoaae 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 Countf Clerk
I�OWSAa1��1�1
*407062-002*
Sr i
Li.ber:CD2504 Page:9
SANITARY SEWER EASEMENT
TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address: ,
120 lw*'0194� 190 Kg� "F 0
Town of Ithaca Tax Parcel Number:
THIS INDENTURE made as of the, day of
BETWEEN: 1, fiCJRkN CC I -TR INIM aigC(30CC 4/
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 i f r t b p 4 TT
EASEMENT -- Town of Ithaca Sanitary Sewer Improvement
TOGETHER WITH a temporary easement during the period of original construction over so much of the
owner's 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 widthlarea 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 been
properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing 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 GRANTORS
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:
:_iber,CD2504 Pace:11
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:
k6WAFNe(z I `7RrNN i �Zqcoljrk4j �739,,V?I
TY#[9e11j N'I"y
2. Property Location and Tax Parcel Number
7C) �N�� �A 4 V �? :J -"el
3. Indicate who has possession of any or all of the following (cross out whichever is not applicable):
Abstract of Title:
Deed: 4 75f �?
Also, give the following information as to recording in County Clerk's Office (usually found in front of Deed):
Book !47�'
Page 1 2i
Date of Recording
Survey, Map, Sketch: 4�19clIk6
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.
e
Vk : CD2504 Page, 2
7E$
Ai
JV,
r LtM
j" •� , �4
PLO
DAN
r
go
,t
740 r to
f
£ '736
Ce Tt►
Fhov V 07
ck�
�{ 4A�
ek
,. 44
zwv33y i'?
VF
444'
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)
'i l�P✓' ��a,� L.S.
L.S.
L.S.
L.S.
L.S.
• L i be r: CD25t,I4 Page: 14
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF NEW YORK :
SS.
COUNTY OF TOMPKINS :
On the34k day of in t earx00I before me, th undersigned,
1
A Notary Public in and for said State, personally appeared,
Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
0^40
Name(s) subscribed to the within instrument and acknowledged to me that +m#Aw/they executed the
Same in /their capacity(ies), and that by hisflfr/their signature(s) on the instrument, the individual(s),
Or the person upon behalf of which the individual(s) acted, executed the instrument.
BARBARA G. AUBLE 664
Notary Public, State of New York NOTARY PUBLIC
No. 0110530
Qualified in Tompkins County
Commission expires fekruary 28, 266Ci.
ACKNOWLEDGMENT BY SUBSCRIBING WITNESS
State of New York )
SS.:
County of )
On the day of
in the year before me, the undersigned, a Notary
Public in and for said State, personally appeared 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 execute
the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto.
NOTARY PUBLIC
1