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TOWN OF ITHACA SANITARY SEWER IMPROVEMENT
SEWER MAIN PROJECT
PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA
Property Address • A) 244 Sapsucker [woods -.Road.,- Ithaca, NY ,14850
CB) 246_Sapsucker Tgoods Road Ithaca NY 14850
Town of Ithaca Tax Parcel Number: - t - m,
7.2
B) 73-1-6
THIS INDENTURE, made as of theI�day of
December
, 19 95 ,
BETWEEN: STEPHEN P. LUCENTE of 981 Taughannock Blvdy, Ithaca, N.Y. 14850
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,
its successors and assigns,
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
WHER AS, the GRANTOR is the owner or has an interest in real
proerty n said TOWN where the sewer line or lines must cross or
encfoach 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 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 sanitary 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 necessary for men and vehicles while the said sewer main 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:
1
T :0
a
Said easement to be 20 feet in width along its entire length,
(as granted herein and its continuation through lands of Rocco
Lucente by easement granted concurrently herewith) the center line
of which is described as follows: Beginning at a point in the
southerly line of Lot No. 7 of Sanctuary Woods Subdivision, which
point is 22.78 feet easterly from the southwesterly corner of said
Lot No. 7; proceeding thence North 290 30' 50" West, a distance of
37.33 feet to a point in the West line of said Lot No. 7, which
point is northerly along said West line a distance of 29.57 feet
from the southwest corner thereof, all as more particularly shown
on the sketch attached hereto.
V f\
0
a
Said easement to be 20 feet in width along its entire length,
(as granted herein and its continuation through lands of Rocco
Lucente by easement granted concurrently herewith) the center line
of which is described as follows: Beginning at a point in the
southerly line of Lot No. 7 of Sanctuary Woods Subdivision, which
point is 22.78 feet easterly from the southwesterly corner of said
Lot No. 7; proceeding thence North 290 30' 50" West, a distance of
37.33 feet to a point in the West line of said Lot No. 7, which
point is northerly along said West line a distance of 29.57 feet
from the southwest corner thereof, all as more particularly shown
on the sketch attached hereto.
V f\
s
EASEMENT -- Town of Ithaca Sewer Improvement
See description attached.
The sewer main 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 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 construction, maintenance, operation or repair
of, or cause injury or 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 substantially 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 descriptions
(if desired), and descriptions of additional facilities are
hereinafter set forth: None.
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.
2
J
WITNESS: (sign below):
.............................................................................
STATE OF NEW Ynnx .
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
--- .... !. -,7.z.z .........1
"'P . L'(j�NTE
By Rocco P. Lucent , Attorney-In-Fac-
........................................................................................I
.......................................................................................I
......................................................... -....1
On this_k(" day of December, 1995 before me came ROCCO P.
LUCENTE, to menown, and known to me to be the individual who
executed the foregoing instrument, and known to me to be the
individual described in and appointed attorney-in-fact by a certain
Power of Attorney executed by STEPHEN P. LUCENTE, bearing the date
the 22nd day of Nobember, 1995, which Power of Attorney is being
recorded in the Office of the Clerk of the County of Tompkins
concurrently herewith, and acknowledged that he executed the
foregoing instrument as the act of said STEPHEN P. LUCENTE and as
his attorney-in-fact, and the said ROCCO P. LUCENTE acknowledged to
me that the Power of Attorney has not been revoked by the death of
said STEPHEN P. LUCENTE or otherwise, an it is in full force and
effect. �� n /11
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OTARY LIC
i)j?VIDiT".
Notaq Public. =t-:.wYr_r%
No
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......................... SS.
COUNTY OF ............................:
On this ................................ day of ........................................... 19 , before me, the subscriber, persona
>• appeared
Cn
w 1n
the subscribing witness to the foregoing instrument, to me personally known, who, being by me di
o sworn, did depose and say that he resides at
that ho knows said
o, to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribi
witness, was present and saw he execute the same; and that he, said
�W
at the same time subscribed name as witness thereto.
............................................................................................
NOTARY PUBLIC
STATEOF ................................ SS.
COUNTY OF ............................:
On this ................................ day of ........................................................... 19 , before me personally cat
to me personally known who, being by me duly sworn did dept
c and say that he resides at that
is the of
QQ� o the corporation described in and which executed the above Instrument; that he knows the seal of sa
Ovcorporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by ord
U of lain Board of Directois of said Corimm(ion, and that he signed his name thereto by like order.
............................
NOTARY PUBLIC