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HomeMy WebLinkAboutBF092205-001 f LMER 460 Paef 396 TOWN OF ITHACA,N.Y.–SANITARY SEWER RIGHT OF WAY v Property Address (if any): ai THIS INDENTURE,made this..: A .....day of Isk......»......_.. .......... ... 1985 BETWEEN k L/ i k ' 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 locationa•must depart from;atablished 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, NOW THEREFORE,said Grantor in consideration of the benefits to accrue both community wide i ' 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 # 5 assigns forever:(K—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 plans 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 shall be substantially as " shown on the attached map of"Easement for Northeast Sewer District"made by Lozier Engineers,Inc. 4� March, INS,showing the parcel marked Account No....7W.r..lt.r..�..............now owned by the 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 main and appurtenances are being installed,which temporary easement is also shown on the attached map. 5, Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: '`' - �-�- S4.�U cit G. �tov•�s;.1J a� -��•'�= cpss�sN`�' , x: �� � ,r•Z s�•.--�irv� S1-..U1 �.e -t-+r-s`�,-�.�1 � �t'We. 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 acid property covered i:; 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 grantoel premises,will restore the surface of said promises to substantially the same ' condition as before such work was done,without expense to the owner.The owner shalt be permitted to < connect his sewer service lateral to such sewer main if it b more feasible and economical to connect with aid server main instead of connecting to,a 4iffarent sewer main in an adjoining highway. k The execution of this insenunent by a party holding the following Hens) above shall $`. oonati to a release from any inch lkn(s)of the ea:awd granted hereby: k kj. ' This instrument shall be binding on the parties hereto,their distributees,personal representatives,sue-. tE cessors and•asdgns: g: 5, IN WITNESS WHEREOF,thk instrument has been.duly 6100uted by the crantot(s) and/or the 4` holders of this Hod. p ; . .. „ , • Iii 1 /302•Z i 70,/o+q ; Nsa iw�43t Permaneif Ease�tn7` f " IC Ca "50.4,Se we •'' - �,w'��y!• ,•w:.,it' tt�'J �. T'��n Yr�+"k•..'Ny M'6�r7t�N'!2'11 Y`•t�'�;J�},�.,. i .aMl NA N Sf-NA w ROA a " i I "A EA SEMEN T AIOR T H E14S T SEwEle- LCISTplC 7-` Thru c c o u� o. 70 - /0 - g ,q �` IV , rowh of /tha c.o Tor»,pkin� Co. N, L orier E'h9ineers /�c: 'eoshe,to�,f: ' l96j- co, a 1 X 34X.3 64 LIER 460 PAGE j. t, MEMO 398 � � cE E4 RI WITNESS: (sign below): u 5; ««« ll+ .................•................«. ........«�:. ....«.. ..•..-..................«.... «».......L.S. ° «�iea President ....««»...hhn=.smL,%s.dadt............... .....«...L.3. k STATE OF NEW YORK : Ss COUNTY OF TOMPKINS: ' On this......»«..............day af..............«...«....««.««...........«...,190,before me,the subscriber,personally 5 appeared to me personally known and known to me to be the same person(,) described in and who a anted the within instrument,and he duly acknowledged to me that he executed the same. JZ .««..««».»...««....NOTARY PUBLIC«..». ........»..... ., STATE OF«.....«..«..............».»s Ss, �. COUNTY OF...........«..«..«.......: On this..«... ...........day of«.....«..«..«..«.........«« . ......«...,1995,before me,the subscriber,personally appeared to me Personally known and known to we to be the same perso (s) described in and who executed the within inshvmenk and he duly acknowledged to me that he movated the sama f j; ...............«.....«..«............. .. ..«..... ................ NOTARY PUBLIC STATE OF\.. jCOUNTY OF. .... ........ SS. 1 �S.16 On this.......«..».... ....»...day ..».... ....................1985,before me,the subscriber,personally 1 appy l,C, the subscribing witness to the foregoing instrument,to me knqwn, who, being by we duly sworn,did depose and say that he resid W at 4 that he knows said v ° to he the individual s) described in,and who execs the f oregoing instrument;that he, I witssess,was present and saw he execute the same;and that he,said`au' ,� , R ' I 1 at the same time subscribed name as witness thereto. + ...«... . .... .. ........ .. ...............«... NOTARY P LIC JAMN V. Buyou00a �!Pnt►Ik,State or New Tat No. 5su�1.;•.�J STATE OF. QnaNed In Tc m,:rms Count COUNTY O w $S• !form Expirrt Murch 30. 19.4Q On this.»...�........... �/. �! K!• day to ..J..... .., 1985, before me peimnally came • lF/a i te.- '' e / • y known w .,beim me duly sworn did depose and say that he desid ,that he is the Ute! /" Of �-mss. QQ the corporation described in and which executed the above Instrument; at he knows the seal of said W' aZ corporation;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order s e of the Board of Directors of said Corporation,and that he signed his name thereto by As order. - ,n JOHN,P.Melmla r Notary Nbiie,Sime of New yorltNo.M7181`17to .., Qual.In NOTARY PUB f: Tompkins C� er1"ilxpires dutch 3U.ItMa " A Mne a"M the orilinsd marded MIM ,t 0"'' t X � �/d V relee��1�,r.1p1��1tBINh1a�. Clerk.. � r