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HomeMy WebLinkAboutBF172387-001TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT; To �,Property Address (if any) : /%o THIS INDENTURE, made this ��� day of t_ 1*9y .r .A, H=N6 AIVNfl �. 10'BETWEEN!4k_1G1/'1_N1 - 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) -C, 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 pr'oper.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 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 stabili- zation 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 dnd 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 Cleric® 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 maps v 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 appurtances (or any other facilities -specifically described -below)-are -being-- installed, which temporary easement is also shown on the attached map. The dxecution of this instrument by a party holding. the follow- ing lien(s) on the abovC premises shall constitute a release from any such lien(s) of the easement granted hereby: t The sewer main and appurtenances (or any other facilities) con- structed 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 or appurtenances. The GRANTEE 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 to the owner -of the premises, will remove all debris and will restore 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 any 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: 0/000 n e/-7' am e�oJs �v / � e eaSer�eil From/gee), Pled �1o�as Z��e �or� /�i�s LD�� p P i �" nn u��/90rr� 0VoIrI9 r/ C� U © d, � Se k) e a / �/� e 6CQ /%� �Q/ � CcJ/� /OCJ//�j C�C)C !l C 01p �'r 9 qy 4o,)0 /-%e Pl� �� A &//Q/ q �n� ccle57 SIC�e o� i/12 /,g/X /c� � �7�Q'// /on 0/1 40mp EX/EV/ Ike l'��)T co our �c� Suc�f 4�!�i�iorl w�Tiie� 6' �e�� 0-r �ie ee_o�,en 6/� (0/7 Qs �l U U noes � �Xe owner of /io �ar�� �oqC� 6eQrs pe- gnons/6i1i7'Y Y-or eon�"iTio� o/� /�eX0411)vt ns � ��i� ��o ze -, This instrument shall bind the parties hereto, their distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the GRANTOR (S) andlor' the holders of this lien W (sign belo ho. Gfiur �Iryt�L. T S. U STATE OF ) SS.: COUNTY OF ) (individual On this day of ad.nowledg- personally appeared meat) 19, , before mG the subscriber, 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 me that he executed the same. NOTARY PUBLIC STATE OF SS.: COUNTY OF (Individual On this day of I9, , before me, the subscriber, acknowledg- personally appeared - mint) to we 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 me that he executed the same. .. NOTARY PUBLIC STATE OF ) SS -- COUNTY OF ) (Acknowledg- On this day of 19, , before me, the subscriber, m rat personally appeared subscribing witness) the subscribing witness to the foregoing instrument, to me personally known, who being by me duly sworn, did depose and say that he resides at that he knows said to. be the individual (s) descrbed'in, and who executed the foregoing instrument; that be, the subscribing witness, was present and saw him execute the same; and that be, said at the same time subscribed his name as witness thereto. NOTARY PUBLIC STATE OF ) SS.: COUNTY OF ) (Cr,te On this day of 19 , before me pero adcnow1adg- zonally came zneat) to me personally known who, being by me duly sworn did depose and say that be resides at that he is the of the owporation described in and which executed the above Instrument; that he knows the scat of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by Lice order. NOTARY PUBLIC CFR '3CAC�C1T1ZEWS '5NV iMG5 Z hereby certify to 009OP000g1 gsOO ®gOpDOO ggOOOgAq qp O.spPg 940 • 1that I am a iicenza4 land sure Now Yoxic State Licensee � X Q 14o. 045013 , that this wap correctly delineates an actual :� ���� N 0 I survey on the grow -id made by me or under my direct supervi.alon � � I that it was prepared in accordance with the current code of �O`d .w practice for land title ,surveys adopted by the New York Stag � W �� tj Azecx-i e►tion of professional LarA Surveyors; " that I found d,,n G vial-ble encroachments either way across property line's except � W � ` � ? 0 art shown hereon. -.. S1Cfi,'dEDE _`� � 1'IATEDf AUtS� U. MFEI; To SUZVEI' MAP MADE 6Y 3,C.. Mc(Up O O V FILED 11l MAP F3k, F-3 PG. SZ it 5*)L Md.P ,1 MADE 6MAG LL. �. Y R-L- DOWE i u � ( '1LED %" MAP BWK i-r -1� P6,13 CO, OP,- I���y°% o� r. ICJ T►�� 'I-OMRKINS.+y CLERV-S GrFIG� . �b 'CQ��~ dc, ¢�O p►� b t co 6 in Ripe 1 '� +,LO IL � D� w 0', 4- THCDMAS 5. 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