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HomeMy WebLinkAboutBF107763-001HANSHAW ROAD SEWER DISTRICT TOWN OF ITHACA Sanitary Sewer Right -of Way Agreement No....4.......... ELLA M. USHMAN and JOSEPHINE A. CUSHMAN , Joint Tenants PropertyOwner: ................................ ................ I ................................................................................................................... Location of Property: 1062 Hanshaw..R.oad,,..Ithaca,... N..A.............................:.......................... THIS AGREEMENT made this .......... Zl........... day of ........................ ............ .................... 1959 by and between ......Ella M. Cushman and Josephine A. Cushman 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. 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 Hanshaw Road Sewer District; And whereas, the plans for said 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; NOW THEREFORE, in consideration of the benefits to the community at large,.t "' ner, and the covenants of the town herein set forth, the said owner does hereby grant and convey to the Town of Ithaca, its successors and assigns, a right of way for the purpose of constructing, maintaining and operating an underground sani- tary sewer main across the owner's property at the above -stated location, in accordance with the plans and specifications filed at the office of the Town Clerk of 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 premises, provided that such use shall not interfere with or obstruct the rights herein granted. Together with a temporary easement during the period of construction over to much of the property of the said owner, not exceeding .... 40..... 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 that the owner shall retain the fee title subject to this right of way; that all opera- tions hereunder on owner's property sliall be restricted to the minimum feasible width; that the town will restore the surface of the ground and landscaping to the reasonable satisfaction of the owner; and that the owner shall be allowed to connect his sewer service lateral to such sewer main if it is feasible and more economical to do so as compared with taking said lateral to a sewer main in an adjoining highway. This agreement shall be binding upon the heirs, executors, administrators and assigns of the owner and upon the successors and assigns of the town; IN WITNESS WHEREOF, this agreement has been executed and sealed by or on behalf of the parties hereto on the day and year above stated. . .:p�F:;► TOWN ITHACA i3OWf1ClERKS:x / T B �`� .....fit, 1...�........1.(.0 .............. �', _1� ' . •. l... Supervisor 419 Attest, � UMMU M Town Clerk b STATE OF NEW YORK " SS: COUNTY OF TOMPKINS t-� On this .....31 st.....day of ................July........................................................, 1959> before me, the subscriber, came Harry N, ....ordon.,the subscribing witness to the foregoing ....................................................... . 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 ........................................................................ Ella M. Cushman and Josephine A. Cushman ................................................................................................................................................................................................ and knew them to be the individuals described in and who executed the foregoing instrument; that Re-, the said sub- scribing witness, was present and saw the said individuals execute the same; and that he, said witness, at the same time cnhcr•rihrri hic name nc mihnPcc fhPrP}n WI ESS: C�.IE . ..... Notary PMic C MLES H. NEWMAN Notary Public. State of New York No. 55-287S300 gustified in Tomld;is Crus�tyy Term Eapirec March 30, 1 4" STATE OF NEW YORK SS: COUNTY OF TOMPKINS On this ..... 31 st....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. MAREES N. NEWMAN Notary Public. State of ye,,, Verk . No. 55-2575°00 Qur!ified in ro:7kL.s i-.:r y Term Upir% March 30, 15K%........................................... I .............................................. . Notary Public UM 4.19 FAGA86 A true copy of the original recorded on the 3\ day of 1959 at S'.00 o'clock�M., and examined. '/ /' . Clerk.