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HomeMy WebLinkAbout73.-1-2 BF092400-001 MAW 748 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY '. Property Address (If any): THIS INDENTURE,made this....19 ........day of Octob r .............................�.............................., 1965 BETWEEN CORNELL UNIVERSITY 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 i 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 owner of the Town, and WHEREAS the i 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 Crantor in consideration of the benefits to accrue both co rrimunity 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, 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 Crantor in said Town in accordance with official pians and specifications filed at the office of the Town Clerk,the crater 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. March, 1965,showing the parcel marked Account No.... 7 3-1-2 ..... ............••...•.......now owned by the Crantor. Together with a temporary easement during the period of original construction over so much of the owners property as may be necessary for men and vehicles while the said sewer main and appurtenances are being installeds �whisk ism 1 1,A­ Additional provisions,deed references,property descriptions (if desired) are hereinafter et forth: This easement encumbers property acquired by Cornell University by warranty deed dated December 29, 1960 recorded in the Tompkins County Clerk's Office December 29, 1960 at Liber 433 page 527 and is known as the former Heasley property* , . R I The sewer pipe and appurtenances constricted on said premises shall remain the property of the Town and under its control and supervision,but the Crantor 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 1 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 sower 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 grantoes premises,will restore the surface of said premises to substantially the same 1 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 highway, The execution of this instrument4 by®party holding the following hen(a)an the above premises shall constitute a release from any such ha(s)of the easement granted hereby: I This instrument shall be binding on the parties haste,their distributees,personal cessors and saigns, representatives,sue. IN WITNESS WHEREOF,this instrt meat has been duly expected by the Grantors) and/or the hoW n of this hen, 1 • r :q . t .............................................. ..................,. ........................................., . ZZ a y 1 III � f oINl0 ; Ile cq y � uaER460 ma 749 r. WITNESS: (sign below): LIBER 460 PAGE 750 I ...........................»..........................».......................»......» ..•.....................................................................................L.S. ...........»..............»...........................................................L.S. »..............»..........»......»......................... .....»»C,0(-,'EEL L.U N I V C N)I T Y......................L.S. .... ......................... .............L.S. We Presido t -8uetness ...........»...........................................................................L S. >, STAK$OF NEW YORKSS 1,cVP%1NTY.OF TOMPKINS: ' IOn this........................day of...................................................1985,before me,the subscriber,personally 1 appeared o to me personally Imown and known to me to be the frame person(s) described in and who executed the within instrument,and he duly acknowledged to me that be executed the same. ................................................. ....................................... NOTARY PUBLIC • �x�e STATE OF... .....................»...: COUNTY OF.......»..................: y ! On this........................day of........................................ ....,1985,before me,the subscriber,personally appeared to me known and known to o personally me to be the same parson(s) described in and who executed the witldn instrument,and he duly acknowledged to me that he executed the same. ......... .............»NOTAAY. ................. PUBLIC ............. f;. 't STATE OF..........».....».. ....... , COUNTY OF•...........................: SS. ' On this..........................»....day of..........................................,1985,before me,the subscriber,personally ►. appeared 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 r that he knows said o to be the individual(s) described In,and who executed the foregoing instrument;that he,the subscribing „ witness,was present and saw he execute the same;and that he,said at the same time subscribed•name as witness thereto. ................................................................................................ NOTARY PUBLIC STATE OF..NW..YORJL.........: COUNTY OF...TaI I'S.....: SS. October On this day of..................... 14)85 before re mo personally came JOHN E. BURTON to me personally known who being by me Ouly sworn did depose ;,and say that he resides at 1010 Triphannner Road,. Ithaca, New York ,that he ,Is the Vice President-Business of Cordell University J 'p �'• b.corporation described In and which executed the above Instrument; that he knows the seal of said tion;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order h. �, Board of0kem on of said Corporation,and that he signed his name thereto by like order. Trustees U td{ Cj�t 4 ....... :. ...... tr 1.t��MENCE W.SAN U X17"•t, ' NOTARY UBLI "'ee�-e�ieo r"k :Mpg. ( �1 e " QuNIfIeO In Tenyklae /� Term ue .G�kw MI�nA�4 A treepy ai the erlolnaI neorded on the ,ZZKT dory of �k• /y6 apt �.'od R4"_ 00 rdJ M.,and oxemhud, Clerk