The URL can be used to link to this page

Home My WebLink AboutBF172361-001TOWN OF ITHACA, N.Y.—SANITARY SEWER AND/OR WATERMAIN RIGHT OF WAY Property Address (if any) : piti THIS INDENTURE, made this ------- day of ........Axf /........................................... 1gE8BETWEEN Salvatrice Modica —Amore, 4 Norman Drive, Shoreham, Long Island, New York and Peter Riela of 1018 Danby Road, Ithaca, New York 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, acting for and on behalf of the ( Town of Ithaca) WITNESSETH: WHEREAS said Town is about to construct a system of sanitary sewers and/or water mains or extensions thereof, which by reason of topography and grades in certain locations must depart from established highways in order to render proper 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 and/or water main line or lines must cross or encroach 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 and/or water main pipe line and appurtenances 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 and/or water line and appurtenances is to be laid shall be substantially as shown on File No. 14747 & 14 718 sheets No. 3 & No. 15 by Lozier Engineers, Inc. a 20' wide permanent easement for a trunk sewer, and a 10' wide permanent easement for a 4" lateral sewer and a 10' wide permanent easement for a water main Grantor. 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 and/or water main and appurtenances are being installed, which temporary easement is also shown on File No. Additional provisions, deed references, property descriptions (if desired) are hereinafter set forth: This grant is subject to the provision that the water main run east of the existing vegetable stand. It is understood that the 10' wide easement for the 4" lateral sewer shall be sue)located and the sewer so constructed as to not in any way interfer with the repair or use of the existing well, the water therein, pump house and the installation therein.' The grantee shall replace any and all trees and shrubs that are destroyed or die within 18 months of the use of said easements for the installations. WeKistdi/nlg barn on and premises sh11 n.qt be inte�rferred with. 7 he sewer an o water pipe an appurtenances constructedon said premises shall remain the property of the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said property covered by said right of way, subject to the rights and privileges herein granted to the Town, and he 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 pipe or appurtenances. The town will restrict its operations to the minimum feasible width for said right of way. The Town, whenever any work is done on the grantor's premises, will restore the surface of said premises to substantially the same condition. as before such work was done, without expense to the owner. The owner shall be permitted to connect his sewer and/or water service lateral to such sewer and/or water main if it is more feasible and economical to connect with the sewer and/or water main instead of connecting to a different sewer and/or water main in an adjoining highway. 'l 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: This instrument shall be binding on the parties hereto, their distributees, personal representatives, suc- cessors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor (s) and/or the holders of this lien. WITNESS- (sign below): /V — -t ....... -- --------------------------------------------- ........... tf i:-- _dlca-= �-Mlte eE ------- 1a, y a y"t"ric e Modica -Amore, Attorney -in -I ........ L.S. / -- ---------------------------------- ----------------------------- ---------- ........... * ....... *"'*'*'* ----------------------------------------------------- ------------- .......................................................................... L.S. ........................................................... ---------------------------- L.S. II STATE OF NEW YORK SS. COUNTY OF %Wk2X=9LX F Fo Lic- On this --------- ----------- day of -------- 19 6 before me, the subscriber, personally appeared ri SALVATRICE MODICA-AMORE, Individually and as Attorney in Fact for Peter Riela > to me personally known and known to me to be the same person(s) described in and who executed the XU within instrument, and he duly acknowledged to me that be executed the same NOTARY PUBLIC STUART NAMM Notary Public -State of New York it No. 52-2847320 Suffolk County STATE OF ---------------------------- SS. Term Expires March 30, 1946.9. COUNTYOF -------------------------------- On this ------------------------ day of ..................................................... 19 before me, the subscriber, personally U Q I appeared �4 to me personally known and known to me to be the same person(s) described in and who executed the Z within instrument, and he duly acknowledged to me that he executed the same. -------------------------------------------------------- --------------------------------------- NOTARY PUBLIC STATEOF ------------------------------------ SS. COUNTYOF -------------------------------- On this -------------------------------- day of ............................................. 19 before me, the subscriber, personally PA >. appeared Fw z the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly sworn, did depose and say that be resides at U QU that be knows said > P� I " (0Z to be the individual(s) described in, and who executed the foregoing instrument; that be, the subscribing W PQwitness, was present and saw he execute the same; and that he, said at the same time subscribed name as witness thereto. ................................................................................................ NOTARY PUBLIC STATE OF ------------------------------------ SS. COUNTYOF ------------------------------- On this -------------------------------- day of ............................................................ 1 19 before me personally came to me personally known who, being by me duly sworn did depose U r� and say that be resides at that he W '4 is the of 00 the corporation described in and which executed the above Instrument; that he knows the seal of said = P. X �4 corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order ou of the Board of Directors of said Corporation, and that he signed his name thereto by like order. ------------------------------------------------------------------------------------------------ NOTARY PUBLIC