HomeMy WebLinkAbout63.-1-3 BF093106-001 r TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY
Property Address (if any): Property location:
30th March
THIS INDENTURE,made this........................day of................................................UA6...,:kM BETWEEN
COFNFLL UNIVERSITY, a New York corporations organized and existing,
under the laws of the State of New York$ having, its principal
office at Day liall in the City of Ithaca$ New Yorks
pt
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
1=UHMS3IXS=MT'�,CSM19TXQtf UX6fXX)MXX ELLIS 1IOLL0-1 FORD SrWFR
ISTRICT (Town of Ithaca)
WITNESSETIi: WHEREAS said Town is about to construct a system of sanitary sewers or extensions
k 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 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 anti
assigns forever:A permanent right of way to enter upon, construct, operate, maintain, repair and replace
I` 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 tt6tWXptotgp X9wxMaQ't1*=SxW&XZKM1t"made by Lozier Engineers,Inc.
*1ops*gctMxshowing the parcel marked Account No..4.s.-t..-.3...............now owned by the Grantor. j
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 anti appurtenances
aro being installed,which temporary easement*x*I aksWWx:oxA14x*kXls0ab=8P-shall be the
minimum amount required for this purpose.
:> Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth:
The attached map$ referred to above$ is datedv,,.�
1966, bearing, file no. %-ba
The property covered by this easement is a portion of the premises
conveyed to Cornell University by deed recorded in Liber tZ of
Deeds, page Ate, in the Tompkins County Clerk's Office.
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,rnain-
tenunce,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 1
' 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 above premises shall
constitute a.release from any such lien(s)of the easement granted hereby:
i
x
This instrument shill be binding on the parties hereto,their distributees,Personal representatives,esentatives,suc-
cessors
and assigns.
a
IN WITNESS WHEREOF,this instrument has�`bm duly executed by the Crantor(s) and/or the
holden of this lien. LIBER 4 V 2 PAGE 93 {
• •' • �1��46� y4
WITNESS. (sign below):
Mum U!tIYE*FSITY...............................L.S.
-M _1_/4- U-6-14 .......L.S.
..................................._....................... f
......»..._..»...V:��.»:::...:.:t.:".::.... s............................L.S.
.......»....»............»..........................................................L.S.
..............»... ..»»........................................................L.S.
STATE OF NEW YORK SS
COUNTY OF TOMPKINS: '
On this......................day of......»...»..»................................1985,before me,the subscriber,personally
appeared
O to me Personally bmwo and known to me to be the same person(a) described in and who executed the
g within instrument,and he duly acknowledged to me that be executed the same.
s
............................ ...............................................................
NOTARY PUBLIC
STATE OF...»..».......................
COUNTY OF S''
On this...»..».........».»'.(layof........................... 1985 before me t
••••• ••� be subscriber,personally
appeared
to ma personally ltmowm and latovn to me to be the mune person(a) described in and who executed the
within instrument,and he duly acknowledged to me that he executed the same.
..............................................................................................
NOTARY PUBLIC
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
that he knows said
0
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.....111:N YbPK .
w.
COUNTY OF ,�...PK7Yd'�....: SS.
r On this 3.00.................day of Wch.................................... 1fN i before me personally came
5� John E. Burton to me personally known who,being by me duly sworn did depose
and say that he resides at Ithaca, New York ,that he
is the Vice President-Business of COP MLL UNIVERSITY
the corporation described in and which executed the above Instrument; that he knows the seal of said j
:; '•_"as� ;�,�orporation;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order
�:: '• a ,tof the Board t "W s of sad Corporation,and that he signed his name thereto by like Order.
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EASEMENT rO BE ACOU/RED .
BY THE
rOWN of /MACH
TOMPK/NS COUNTY,New YORK STALE ot
LOWER ENGINEERS INC. ROCHESTER,NEw YORK
SCALE:/"�50' MARCH/966
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108 No. IJOP-3
USER462 PACE FILE No. IJ844
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A true copy of tho original roeordod on th day ofalt.
L JyeG at 3,/Q Wzx,and oxominod. Clerk
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