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HomeMy WebLinkAboutBF092170-001 1. %... ,. is , TOWN OF ITHACA,N.Y.—SANITARY,SEWER RIGHT OF WAY Property Address (if any): ; E -� THIS INDENTURE,made this...........!.A....day of. :Awxw............... .................. 1985 BETWEEN 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 NORTHEAST SEWER DISTRICT (Town of Ithaca) 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 high- ways in order to render proper 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, i 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 t gn permanent right of way to enter upon, construct, operate,.maintain, repair and replace � a sanitary sewer pipe line and appurtenances across or upon the lands of the Grantor in said Town in accordance with official plana and specifications filed at the office of the Town Clerk,the center line of which right of way along which said sewer line and appurtenances is to be laid shalt be substantially as shown on the attached map of"Easement for Northeast Sewer District"made by Lozier Engineers,Inc. j March, low,showing the parcel marked Account No..'7.r.::.k..-sr...............now owned by the Grantor. Together with a temporary easement during the period of original coust action over so much of the owner's property as may be necessary for men and vehicles while the add sewer main and appurtenances are being installed,which temporary easement is also shown on the attached trap. Additional provisions,deed references,property descriptions,(if desired) are hereinafter set forth: 1 The sewer pipe and appurtenances constructed on 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 construction,main- tenance,operation or repair of,or cause injury or damage to,the sewer 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 jcondition as before such work was done,without expense to the owner.The owner shall be pennitted to. I connect his sewer service lateral to such sewer main if it is more feasible and economical to context with said sewer main instead of connecting to a different sewer main in an adjoining highway. The execution of this instrument by a party holding the following lien(s)on the aboveshall constitute a release from any such lien(s)of the easement granted hepebyr I t A �'S s .- This instrument shall be binding on the parties hereto,their distributees,personal representatives, oesm and assigns. IN WITNESS WHEREOF,thishas jI& executed by the Grantoran s) d/or the g'f holders of this lien, l�Eh PA6E �71 � d C " MEMO PACE 292 t 3 .y y j�` - 1•t ,1•�r4��It7y1.,�N .- tij'tT;�,ry :41, � .�. Y /O'w wit b• fF a 2- /O�Te m or4r ; gsemants t cc ovnr No r, B Sort.So w er Iyer r»nr�en�' �: E4Strrleny' f AS E'MEA,1 7 x /v©p ry L-A s T ­,ase w cue D/s 7*.Q/C I Thru Account i Ja 70 76 wh o f //h oco To r»pkihs'Co. A/.Y. . ,.... I Loz iter Cn yineers /tia jebc hasYgr, ll/, SPA A Moo ech� /96,5' sea/ar3 time. F G, ,tit. • • t:Y t �•.: • i WITNESS: (sign below): \G� ?..r►. ^>x..« .. • ......... .........»..».» «.......... L.SI I ../.�................ .. . .. .G" .. ... ... . ..........»»......L.S. Vice President ....»...... L.S. i 1s�wa. •8 .........................»......«....... k STATE OF NEW YORK : COUNTY OF TOMPKINS: ' On this................. day of...........»..«,.....».........................1995,before me,the subscriber,personally appeared to me personally known and known to me to be the same person(:) described In and who eaa'VAW the within instrument,and he duly acknowledged to me that he examded the same. < ........................................«..1..................»..».............«..... NOTARY PUBLIC I i COUNTY OF.......« «..............: ' . On this.......................day of.................................................,1985,before me,the subscriber,penonaltk► appy to me personally known and known to me to be the same person(:) described in and who executed the within instrument,and he duly acamowledged to me that he executed the same. < ....................».. • ..........,.... NOTARY PUBLIC STATE OF.No'`'r« SSI COUNTY OF... . ...I IS ........ ••ti...............1985,before me,the subscriber,personally Onthis.,........«...................da of .. . appeared kJAl sa the subscribing witness to the foregoing instrument,to me Personally kno , who, hying by �:e d* sworn,did depose and say that he resides At" / Nt �1►./` 1•e d w 1 wey, that he knows said BIS 11 � BIS r 1a Of,,1�.►II M!j. . to be the individualstr s) described in,and who executed the foregoing inument;that he the bscxibing preen witness,was t and saws the same;and that he,said iv:It • � at the same time subscribed name as witness thereto. I ............. .....................NOT Y Pim�J.B�IC,y...... JAMES V•Sla,e oI New Y0 Notarl PpNi�c.„( `► 19.i7 a Quo IV Iycslilarrh�• ` 1 STATE OF SSTry . m t.xc1 COUNTY OF . . . .... ...a h ........... g..� day of . 1985 before me personally came We-lit h SIA c i to m on tis .. ally known who,being by me duly sworn did depose and ay that he resides at I Isis rtf-e'Y�-7tA0. 46,w yor k ,that he �{�Vlcv I�ro;,rdv..,t of � f HAc'I. S..vrnIt do#I A: the corporation described in and which executed the above Instrument; that he knows the seal of olid 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 like order. JOHNP. Notary Public,Srlalrur•of Nvwr ..� �... York Qual.in rwnpkins Co. RY PUB 'Germ Expires March 30,100 Ll .imCE A tme espy of the eftinal recorded on the( J,&JO day of d 4edW i M.,and.exall I" Clerk