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HomeMy WebLinkAboutBF092210-001 �x TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): 41 THIS INDENTURE,made this -`.! ....day of..,..oNVx*.J....................................... 1986 BETWEEN a CON ' 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, 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 Yvalues and protection of health and otherwise, and In further consideration of the covenants herein contained and other good and sufficient consideration, l 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 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 a ! Ppurtenances is to be laid shall be substantially as shown on the attached map of"Easement for Northeast Sewer District"made by Lozier Engineer,Inc. March, 1986,showing the parcel marked Account No....'7 .-..l..-sem_...„w••now owned by the Grantor. Together with a temporary owner'sgproperty a may easement during the period.of original construction over so much of the y 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. Additional provisions,deed reference,property descriptloru (tf desired) are hereinafter set forth: i i a 1 The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and r 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 sewerpipe 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 isaid sewer main instead of connecting to a different sewer main in an adjoining highway. The execution of this Instrument bya party holding the following lien(,)on the above premises shall consdtuto a release from any such Hen(s)of the easement granted hereby: This instrument shall be binding on the parties hereto,their dWbutees,personal representatives,no- comrs and assigns. IN WITNESS WHEREOF,this instrument has been duly executed by the.Grantors) and/or the r holders of this lien. LIBER460 , Al I . 3 14� �' _ e•m+M.'P�!"'!'+M'M"YT!rt1"'hT ,M+.i^f'�M'JTM•••,!�i'T:Y��.-'.i �..w�b•...•I.-....�'w•�y�.4:' �.,".`"... .. .. 1•. tafR460 no.. 41. 2 . 1 _ 130a?-2 Account No ... s ".i 1 t ' .. E4ss��r►a�,t t ,r � ,. m8•So.ht tW�r �+ + '1t',• J�• `3. ' -"moi- w. f EA SE ME N 7- { NO,w'r1gEA5T 5CW OIST�rCT j•, T, h r u � �; A A cc, IV/ U Town70 -/-S-f or 'Jthoca, Tompkins �'o. AJ,Y, h : }, L otitr ,E`nyinsers Jnc �2ochedt�r N-SOy rQA D Mcg f f Ya � 1{''.` •..�..... . .• r .1....._ ........7..1 - a,s..4Mi • .h1}WII:M,...r:,�.M'r,.�-.. .. � I .�_.. +�..=� i w rt WITNESS: (sign below): f .�1.?.. .t..� iL.sS.C . ......... .........de . It I ......................... ..........«..»..»...»... .� ..`./..�....»....»............. ..........L.S. 727-7 ..L.S. Vice kt►aideelf ...................... Sam*.� ...................»....... , I STATE OF NEW YORK : • COUNTY OF TOMPKINS; �4 On this.......................da of .. ........»......«..»........»..., .....,19 5,before me,the subscriber,Personally appeared y to me personally known and known to we to be the flame Persons) described in and who executed the within instrument,and he duly acknowledged to me that he executed the same. .............................»............................................................... NOTARY PUBLIC li 41 STATE OF..................«...........t 3S. ......... I z COUNTY OF ..................: On this........................day of ..............................................1985,before me,the subscriber,personally E appeared to me personally knowp and known to me to be the same person(s) described in and who executed the within hutmmment,and'he duly aclmowledged to me that he executed the same. ..........................».................................................................. NOTARY PUBLIC . STATE OF) . '. COUNTY,OF. ....... ............. SS. On .��......day of...«.... ............. 1 � .....,1l�f,before me,the subscriber,personally a. appeared aced ........... .....»�.Q. , the subscribing witness to the foregoing inshumen to me pens known, w being by me duly sworn,did depose say that he reddes at '`'`"', F ' � "'r i4 that he knows said t.d� �,.�'l 1rt. a,4 to be the individuals described in,and who executed the foregoinginstrument;that he, e sn g witness,was present and saw he execute the same;and that he,said �a at the rime time name as witness'thereto. v$ .. ..... ../•... •.1w�«••..•.•• NOTARY BLIC JAKW V. BUYOUCOS try Public,State of New York STATE OF .. =,. Ex m • c n,y •� »,,,a,,.,, .t SS. Terns Expires March 3S, COUNTY OF. On this day , 1985,before me personally came ...... ..... .... to Illy known who,bean by me duly sworn did depose and say that he resid•ps a J /1•K0 • #V%•+ # XXW40-/ / ,that he is the V-at of e the corporation described in and which executed the above Instrumt he knows the seal of sad 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. JOHN P.WELI^,O'C L Notary Public,State of New York •. No.66781171,0 Quaff.in Tompkins Co. Al t � BLIC Tem Ext March 90,19 W A tree eeplr ei the eripinel recorded on the 1400--day of. • /9,6s, of 4.2"/d ele M. e►de ,sed exomhted. Clerk a