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HomeMy WebLinkAboutBF172465-001f' � ��iuRN (3 _ _9� T w «k R f_�COR n TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - R�TURItI R�C�a�p COPY TOWN WIDE SEWER IMPROVEMENT nn nn Property Address (if any) : IJ-84 041970PV84k) P �N/) THIS INDENTURE, made this day of , 19 BETWEEN pose ` / � , referred to herein as GRANTOR and the corporation in the County of Tompkins, called GRANTEE or TOWN, acting for and (04 / k() S TOWN OF ITHACA, a municipal State of New York, hereinafter 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 GRANTOR is the owner or has an interest in real property in said Town where the sewer line or lines must cross or en- croach 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 other- wise 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 successors 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 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) 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 con- struction maintenance, operation or repair of, or cause injury or damage to, the sewer main or other facilities yr appurtenances. The GRA14TEE 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.-:tothe,owner -of the premises; will remove all debris and will rest,6ree,-.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 4ny 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: I � VVA go W This instrument shall bind the parties b=to, their distn'butees, peraonzl representatives, successors and assigns. IN WITNESS WHEREOF, this ins==ent has been duly executed by the GRANTOR(S) andfoi the holders of this Iiea / ,' 0! —� w. WA i. T_S T_S STATE OF ) SS_- - COUNTY OF ) (Individual On this Lfzk day of 19, 79 . before me. the subscriber, mmt)wlecls- personally appeared �V to me personally known andlown to me to be the same person (s) desrn'bed in and each of whom executed the within instrument. and duly acknowledged to me that he executed the same. MY co"Is tlN l e so-r 1M ROTA P BLIC - $OHM TM GD*M *G . tltcEtWtu7w STATE OF SS» . ' CO_ UNTY OF (Individual On this day of 19, , before me. the subscri'bcr, acin°wleds• personally appeared mmt� . 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 roe that be executed the saint . , NOTARY PUBLIC STATE OF - SS- COUNTY OF (Acknow dr On this day of 19, ,before me, the subscriber. mbs personally appeared su WhMC24 the subscribing witness to the foregoing iristntmrnt, to me personally known, who being by me duly sworn, did depose and say that he resides at that Le knows said to,be the individual (s) dmc ibed�in, and who executed the foregoing instrument; that be, the him execute tise same; and clot be, said subscribing witrims, was present and saw at the same time subscribed his name as witness thereto. NOTARY PUBLIC STATE OF SS" COUNTY OF On this day of , 19 , before me per- 96LZWWkl- sonzlil came mmq to me pQsonally known wbo, being by me duly sworn did depose and say that be resides at that be is the of the corporation dews -bed in and which executed the above Ynstrument; that ht knows the seal of said corporation; that the scat affixed to said Instrument is such aorporatc scat; that it errs so affixed by order of the Board of Directors of said Corporation. and that be signed his name thctrm by L-kc order. NOTARY PUBLIC do m Ow RE,C-eR,OF1VC,c a. �14,qp ar ,FZIAZ Vwx '5'YokylY6 p1.)g,:e4 s 0,F Z 4 IV40 rO 4?A:- eXCH AN &� 47 6 V RJFRCY WOTROS Alvo 0144110 lele 0 AUF'6��141 /YP/jF D "' ,6 Y A?L DOMe'U JR, ,04 r4FO OC7, /1;'. 15>74 A-1 '-d ri sib! of, p or 15 li-P, V14::-)l L o clq rIoAi oe z) / vzolpia /- Ille e ,verpl AFRCY VIA TROS