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Home My WebLink AboutBF172531-001TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY TOWN WIDE SEWER IMPROVEMENT Property Address (if any) : f�✓vbp .t'/�LLS �� ° THIS INDENTURE, made this Z Z day of rS�,o, k. 197.�ETWEEN -- .4NPRE t v y, / e&`1_ WEE a K d -aA --644? � �- U �_ referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal . corporation in the County of Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the (Town of Ithaca) WITNESSETH: WHEREAS said Town -is about to construct a system of sanitary sewers or extensions thereof, which by reason of topography and grades in certain locations must depart from established highways in order to render proper sewer service to property owners of the Town, and WHEREAS the Gx'antor is the owner or has an interest in real property in said Town where the sewer line or lines 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 stabili- zation of property values and protection of health 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 Town, its successor and assigns forever: A permanent right of way to enter upon, construct, operate, maintain, repair and replace a sanitarV sewer pipe line and appurtenances or such other facilities as are herein described across or upon the lands of the Grantor in said Town in accordance with official plans and specifications filed at the office of the Town Clerk, the center line of which right of way along which said sewer line. and appurtenances is to be laid shall be substantially as shown on the attached map; unless otherwise shown on said map or unless otherwise stated herein, the center line of the pipe as actually laid, shall be the center line of the right of way. Together with a temporary easement during the period of original construction over so much of the owner's property as may be�n''ecessary for men and vehicles while the said sewer main and appurtances (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 follow- ing lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: - The sewer main and appurtenances (or any other facilities) con- structed 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 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 con- struction, maintenance, operation or repair of, or cause injury or ha damage to, the sewer main or other facilities or appurtenances. The GRANTEE will restrict its operations to the minimum feasible width for said right of way. Whenever any work is done on the GRANTOR'S premises the GRANTEE, at no expense to the owner of the premises, will remove all debris and will restore the land to!sub- stantially the same condition it was in before any such work.was done. 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. Additional provisions, deed references, property descrip- tions (if desired), and description of additional facilities are hereinafter set forth: J013 NO..1—q02-3,0 I ,,,i L, 5- T4 2 -- 051 Is ,5,5z 511zcr IVO, 8 9'- 2-15'TEMPJR.ARY- M. H. 5 r/- 9142 1j: /YM 5 TA.2-t-75 ?-I 4 - 2 3 J.U D D FAL ell t3 V V (-T 1 � ' L---'� H SE. 4 I� I 17-Ir Hsp A ce m A-,o V&-,o 9 r zwffa,-owv�v" r .4N,O /09 7-dTAIAP 0 M A A CA .5 C1W 9- " 7- oq .4e -e r"R& I-A"iozr of rA)( Accou"r eVo. -rowey.o,ow1rHAd=A -5%CWTM 7-0^1Jcp'NA0V-S co" -sr- owo eyo. oA.Tx1bj.CN r Moq p "o. LOZIER ENGINEERS, INC. DATE ROCHESTER. NEW, YORK SCALE 1A'=S0'o FILE NO. JOB NO. /30.Z-_V¢ M.ti. 5TA 2-4-05 517�,E r No. 8 66-4- 22 2-/5' rEMPJRARY j EAs`M"v7 i eASFJ'`� �µ3'.42 ^ 20 ?E' - M. H. Sri . • �9.:�? pD'Z•�p/ HSE.. i i 131 66-4-21 �---- 6 4-23----r i JUDD FALL t3 RD. Q. -- - --- ly HSE. I I r ' r - .ems - NSg • ( '� � �� %` � .Y - ' - — PER /bf A r rp,Y R U 4 A A! ®s' o f rA x A c c a v" i ro w" o/r trHAc A -SC to/&'m sV-5 rz/kpl Tort s��i/e/s c o u� �-�.0 w"C- W Yo s< cot4sr. o wo A-*O. LOZIER ENGINEERS. INC. DATE ROCHESTER. NEW YORK SCALE /N=S'0'o FILE NO. ' a This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) and/or the holders of this lien - WITNESS: (sign w S. T - S. T- S. T_S. STATE OF ) SS.: COUNTY OF ) (individual On this day of 19, , before me, the subscriber, adcnowledg- penally appeared meat) to me personally known and known to me to be the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ibeL (Individual On this day of 19, , before me, the subscri acknowledg- personally appeared ment) to me personally known and known to me to be the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the same. NOTARY PUBLIC STATE OF '/c�,C ) SS.: COUNTY OF 0 �" NS ) (Acknowledg- • On this & day of cr 19,7E , before me, the subscriber, a- mint by personally appeared j , f subscribing witness) the subscribing witness to the foregoing instrument, to me personally 6 being by he me duly sworn, did depose and say that resides at that he knows said l / to be the individual (s) described in, and who executed the foregoing instrument,; that he, the subsrnibing witness, was present and saw him execute the same; and that he, said ' e'd �� , at the same time subscribed his name as witness thereto. C_�44OTAAjAAVDT4QERGEN Notary Public, State of New Yorl• STATE OF ) SS.: qualffied p0 in TTomompkkinins County COUNTY OF ) Tema F" March 3k1,"— (Co,poratc On this day of . 19 , before me/pm- adcnowledg- sonally came meat) to me personally known who, being by me duly sworn did depose and say that he resides at that he is the of the corporation described in and which executed the above butrument; that he knows the seal of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. NOTARY PUBLIC M