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HomeMy WebLinkAboutBF092208-001 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): ��� Warr-t►.l �.una,. ! THIS INDENTURE,made this...z.`..1. .....day of......... ................................... 1985 BETWEEN 1=l 1 s A ���.-�� i• G r�I LY ! referred to herein as GRANTOR and the TOWN OF 1THACA, 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, NOW THEREFORE,said Grantor In consideration.of the benefits to accrue both community wide and to said Crantor 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,tis successor and assigns forever:A 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 Lazier Engineers,Inc. March, 1985,showing the parcel marked Account No...7.v..:..1...:7-M.-.7........now owned by the Grantor. Together with a tem j og 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 mala and appurtenance are being Installed,which temporary.easement is also shown on the attached map. Additional providone,deed reference',property descriptions (If desired) are hereinafter set forth; I • w 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 promises provided that such use shall not Interfere with tho 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 grantors 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 service lateral to such sewer main if it is more feasible and economical to connect with said sewer main instead of connecting to a different sewer main in an adjoining M8h'ay. The execution of this instrument by a party holding the following liens)on above premise shall go"tute a release from any such lien(s)of the easement granted hereby: a a This instrument shall be binding on the parties hereto,their distributees,personal representatives,silo- cessors and assigns. IN WITNESS WHEREOF,this Instrument has been duly executed by the Grantor(,) and/or tie a holden of this hien. k i1:W�3 ;y,p .a 1302.2 L., L } Acis.ou / r , p 70 Hs e • i A" 4 2D Pei-moner�t ` f Cases�s - ------ i 4ra6 ( + 44 } rson sewn- CA O.W. ' a Wei RR EIV e Off{ 0 � r ��` E•�s�n�E�t r ry A1OA2THEA5r SEWER DIS TPIC T np: � Tl�ry ► c•Coun T Ajo. 70 -/-3 7 • Towh of Ithaca Tor»pkins Ca Aj Y L ozier' En,9ineer.! Mo. ,Pocheste)- A-1 Y, no4 o-oh; i 9 6 r s�o ie t i so' , • WITNESS: (sign below): t ;...Q.» .............••••. .»i�.......& .......��s.................»...L. ...............................................»..»..»......»..«...».»..........»... j �iea rP a ON ». »..»...Ia. ....».».»...».....» Mace,Sa.......vkics�ank............. .......»...L.S. I F STATE OF NEW YORKSS s r COUNTY OF TOMPKINS: ' • me, ►penonaUy ' On this........................day of...............».......,...,....•.......».... .►1895 before the subscriber, appeared - i x o to me personally known and known to me to be the same person(s) described in and who executed the within instrument,and be duly acknowledged to me that he executed the same. �s ...»..»..»..............» . ..»..»................... NOTARY PUBLI.. 1 j STATE OF.........................»...• COUNTY OF.....»»..»..»...........s SS. ii I� On this.......»...............day of.,.................»..»..»............».......,1885,before me,the subscriber,personally. � .. appeared j � e to me personally known and known to me to be the same person(s) described in and who executed the within instrument,and he duly acknowledged to me that he executed the same. i .......»......»......»..................................................................... NOTARY PUBLIC STATE OF. _ -•s SS. COUNTY OF.... .. On this ..1.� ........ .day of .................1885,before me,the subscriber,personally p appeared .. ...�► `I.. the subscribing witness to the foregoin instnrment, me ally known, who, beingme duly sworn,did depose and sa that he des at m 1 that he knows said e�^ j e to be the individual(s) described in,and who executed the foregoing instrument-that he, e� b �1 witness,was present and saw he execute the same•,and that he,said /C� at the same time subscribed name as witness thereto. • I 1 •. ... . .... OTAR .....»..................... NPUBLIC sJAN[ES V. I~UYOUC08 Notary Public,State Of NOW Y@ft No. W525xp STA'L'E OF ..... .. ,.s QualUled m Tontp;cMa Cataty� COUNTY OF r,.s SS. l+erm>Fsv sD►,vim �° Q�this — .....day of .. a.., 1985, before me personally came i...... ....... ..». { �i/o�G Jijir h', �u. M all own who,being b duly sworn did depose and say that he resides t' dU - ,that he ° is the ;1,,41/o-,r+a� of QQ C the corporation described In and which executed the above Instrument; that he knows the seal of said a�� corporation;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order 88of the Board of Directors of sad Corporation,and that he signed his name thereto by like order. innn r:MrRt,tc:Ar Notary 'i Pub , uS <ca Yw No.6 ,7S117n Qtal.. Tomkuu Co. . »••»..»••»....»w»»w 140TARY UBLIC lfcnu Emir's A2lttch 30,ltl�t/ =460 ma 407 i A true aM►of the oriolnal warded on the day of a0 w NL,"d exarmb" Clerk