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HANSHAW ROAD SEWER DISTRICT
TOWN OF ITHACA, N. Y,
Sanitary Sewer Right of Way Agreement No. 15
THIS ACLU NEB'
made this 4Lday of September, Nineteen Hundred and Fifty-nine, by and between
STANLEY W. WARREN,and XMABETH LaRUE WARREN,
husband and wife, both of 1006 Hanaw Road,
Ithaca, New York, Individually and as
Tenants by the Entirety,
hereinafter designated as "Owners", and
The TOWN'OF ITHACA, a municipal corporation and
political subdivision of the County of Tompkins,
in the State of New York, acting for and on
behalf of the Hanaw Road Sewer District,
hereinafter designated as "Town"..
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 high-
ways 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
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 Owners;
NOW THEREFORE, in consideration of the benefits to the
community at iwvlre�the.,sums hereinafter mentioned paid to the Owners,
and the covenants and agreements of the Town hereinafter provided,
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The Owners do hereby grant and convey] toy the Town of Ithaca
its successors and alsigas, a right of way if 0L the purpose of con-
struction, maintaining and operating an underground sanitary,,sewer
across the OVnerts property in accordance with the plans and specifi-
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cations filed at theloffice of the Town ClerkofitheTown of Ithaca,
as follows: I
A. A ten foot permanent easement, a tending 5 feet each
side of a line running east -west across the Owners
premises from MH 405 A (Sta. 2+95)j ;tor MH 406 (Sta 5+93)
and north -south from MH 405 (sta 1+26).to MH 405 A
(Sta 2+95) and southwesterly about) 35 feet from MH
405 to property line as shown onlSheet 4 of Maps
B, A temporary easement during theiperi+d of construction
over so much of the property ofthe owner not exceeding
35 feet in width for the east -west main and 16 feet for
the north -south main, as may be.ce�ssary for the use of
men and trucks while said sewer, in' is being installed
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RESERVING, nevertheless to the .Owners the fee,to said premises and,
the right of use and enjoyment thereof, provided that such use sha11
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not interfere with or obstruct the rights herein granted,
The Town agrees:
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1. To pay the Owners the sum of TWENTYIFIVE HUNDRED DOLLARS.
($2500,00).for said right of way and damages incidental to the taking,
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and in,addition agrees to pay the further s Hof FIVE HUNDRED DOLLARS
($500,00) or the appropriate portion thereof,lto the Owners providing.
the contingency mentioned in clause (6) hereof is not met by the Town,
2. That it will not remove or dams, the row of pine trees
extending along the westerly line of the north -south main, and will
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before construction begins, construct and during construction, maintain
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a four foot high baracade along the east 1 ne,of the row of pine trees
to protect the root! and branches of the p trees,
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3, That the Owners may at their expens construct a road or
drive over the property subject to this easement to connect the severed
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portions of their property on the north and sou+.h, such road to be at
such,elevation and grade as may be feasible, 'and the Town agrees that
if such road is.conitructed the Town at t time of such construction,
will raise or lower the manholes in the sewer line to the determined road
level, provided that sufficient cover -over the 'sewer line to protect the
main from frost.and elements. is maintained,
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t�GR 422 °AGE
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LiEER 4:22 ri.n 62
w 4. That -it will, without -cost -to -the Owners install a Y
outlet in.the sewer main approximately 95 feet east of'Manhole 405 A
(Station 2+95), for possible future connection with the main by. the
Owners.
5. That there will be no assessment for benefits or front
footage to the Owners on account of the construction of the main
(the Owners having already paid such assessments for the Village of
Cayuga Heights Sewer System to which the Ownerst residence is connected)
unless and until the'Owners make a connection with the sewer other
than to their present residence.
6. It is understood and agreed that the Town will try to
avoid damage to the arbovitae hedge on the east side of the north -south
sewer. If said hedgecannot be saved or needs to be removed in the course
of construction then the FIVE HUNDRED DOLLARS ($500.00) as provided in
clause (1).above, or a portion thereof appropriate to the damage, will be
paid to the Owners by the Town. If more than twenty feet of the arborvitae
hedge is lost or substantially mutilated or destroyed, the entire $500.00
damages shalt be paid. If less than twenty feet of the hedge is so lost
or destroyed the compensation for such damage shall be $100.00 for each
separate tree, not exceeding the total of $500.00. The loss and compensation
of damages under this paragraph shall be -determined and a claim made therefor
not. later than July 1, 1961.
7. That the Town will in so far as possible save the trees and
shrubbery located on the property subject to permanent and temporary easements.
8. That.the Town will restore the surface of the ground and landscaping
(except replacement of large trees and shrubs) to the reasonable satisfaction
of the Owners.
9., That the Owners shall be allowed to.connect.their sewer service
lateral from. -.present residence to such main sewer main if it -is feasible and
more economical to.do so as compared with taking said lateral tothe sewer
main at Hanshaw Road (where presently serviced).
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The Owners agree that they will pl.rmttLthe Town to have
access to said sever main in the fixture for purposes of repair and
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maintenance. Howexer!if the said sewer l•inelis'I"r changed, added
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to or•enlaxged by reopening or excavation, then the damages to the
Owners sustained thereby will be compensated t& the Owners by the Town.
This agreement shall be binding upon the heirs,, executors,
administrators and assigns of'the Owners and ;the successors and
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assigns of the Town; I f
IN WITNESS VHEREOF., this agreement has; been executed and
sealed by or on behalf. Of the par+tPr, herntnnl -the day and vear
above stated.
( - I Imo&
EliYAbeth LaRue Warren
M i OWNERS
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Town Clerk
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STATE OF NEW YORK )
) SS.:
COUNTY OF TONPKINS)
fJc�-o6�N
On this day of September, 1959, before me,
the subscriber, personally appeared Stanley W. Warren and Elizabeth
LaRue Warren to me personally Down and Down to me to be the same persons
described in and who executed the within instrument, and they acknowledged
to me that they executed the same.
Notary Public ARMAND L. ADAMS
NOTARY PUBLIC, State of New Y(r*
No. 65.5017000
Qualifido 4ompklns County
My Commission Expires March 30, 1960
STATE OF NEW YORK)
) SS..
COUNTY OF TOMPKLNS)
On this 2 �� day of September, 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 executed 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.
Notary Public
CHARLES H. NEWMAN
Notary Public, State of New Yank
No. 55.2879800
Qualified in Tomkins Countyy,
Term E Aires Match 30, 19ifr.
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A true copy of the original recorded on the 7 day of -91
. 9-
1959 at 1711`/ o'clock M., and examined. .XL . •
Clerk.
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