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HomeMy WebLinkAboutBF107760-001i HANSHAW ROAD SEWER DISTRICT TOWN OF ITHACA Sanitary Sewer Right of Way Agreement No......1 fiarold Berman, Jr. and Florence Bierman PropertyOwner: .......................................................................................... ........................................................................... 10 Kay Street, Ithaca, N. Y. Location of Property: ....................... .............. THIS AGREEMENT made this ..........a.`l..........day of .................. ...... ...... ......................... 1959 by and between.........Harold..Bier'maii....Jr'. and_ F.lorence.,Bierman......................................................... of Ithaca, New York, hereinafter designated as Owner, and the TOWN OF' ITHACA, a municipal corporation and poli- tical subdivision of the County of Tompkins in the State of New York, acting for and on behalf of the Hanshaw Road Sewer District, hereinafter designated) as the Town. i WITNESSETH: Whereas the 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 the established highways in order to render proper sewer service to the property owners of the I-lanshaw Road Sewer District; And whereas, the plans for s� id sewer system, which have been duly approved by the Town Board and by the State Department of Health, contemplate and provide that the mains shall cross or encroach upon the property of the undersigned owner; I NOW THEREFORE, in consideration of the benefits to the community at large, the benefits to the owner, and the covenants of the town herein sell forth, the said owner does hereby grant and convey to the Town of Ithaca, its successors and assigns, a right of wa)i for the purpose of constructing, maintaining and operating an underground sani- tary sewer main across the owner's plrIoperty at the above -stated location, in accordance with the plans and specifications filed at the office of the Town Clerk bf the Town of .Ithaca, or such other location as may be mutually agreed upon by said owner and the engineer representing the town or successor municipality; reserving, nevertheless, to the owner the use and enjoyment of the said }remises, provided that such use shill not interfere with or obstruct the rights herein granted. IIII Together with a temporary ealsement during the period of constriction over so much of the property of the said owner, not exceeding .... aA.....feet in width, as may be necessary for the use of the men and trucks while the said sewer main is being installed. The Town hereby agrees thad the owner shall retain the fee titlel' subject to this right of way; that all opera- tions hereunder on owner's property, Ilshall be restricted to the minimum feasible width; that the town will restore the surface of the ground and IandscapinIg to the reasonable satisfaction of the owner; and that the owner shall be allowed to connect his sewer service lateral to sIuch sewer main if it is feasible and more economical to do so as compared with taking said lateral to a sewer main in hn adjoining highway. This agreement shall be bind successors and assigns of the town; IN WITNESS WHEREOF, on the day and year above stated. upon the heirs, executors, administrators and assigns of the owner and upon the agreement has been executed and sealed by or on behalf of the parties hereto - 1 is . Owners _ T OF ITHACA $y ..(.(rw..l+.. ..............�r ........................... t Supervisor Attest: �r'k�hsJ..:.................. ........... LIEER 'i rArE _ Town Clerk STATE OF NEW YORK SS: COUNTY OF TOMPKINS On this .... 31 Bt.....day of......................'Tuly.................................................... 1959, before me, the subscriber, H8r N. Gordan .................... ................... the subscribing witness to the foregoing came.................................................................... , instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resided at the time of the execution of said instrument, and still resides at.................................................................... Ithaca ................................................................................................................................................................................................ Tompkins County, New York; that he is and then was acquainted with ................................ Harold Bierman, Jr. and Florence Bierman and knew them to be the individuals described in and who executed the foregoing instrument; that Te, the said sub- scribing witness, was present and saw the said individuals execute the same; and that he, said witness, at the same time subscribed his name as witness thereto. TNES : S U C . CPARLES K RFWMMtary Public Notary PAk Slate of New Tort No. 55-287M Qualified in Tomkins County term Fx*a Mardi X 19&t STATE OF NEW YORK SS: COUNTY OF TOMPKINS On this ....... 31.Bt.... day of..........................July............................................... 1959, before me, the subscriber, personally appeared Harry N. Gordon, to me known, who, being duly sworn, did depose and say that he resides in the Town of Ithaca; that he is the Supervisor of the TOWN OF ITHACA, the corporation described in and which ex- ecuted the above instrument; 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 Town Board of said corporation and that he signed his name thereto by like order. CHARLES H. NEWMAN Notary Public, State of NM York Nq !,,. :',;M Ouc!a a romkfns County tarm Uksi; MaU 3l, 1:70L1.. .................. ........................ ... ..................... Notary Public A true copy of the original recorded on the 31 day of 1959 at S `, 0 0 o'clock M., and examined. J ' Clerk.