HomeMy WebLinkAboutBF093220-001 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY
pmperty Address (if any); 807 Mitchell Streets Ithaca, New York
THIS INDENTURE,made this.....15.:!!1......day of....... ......................................19.66......XIM BETWEEN-
RAYMOND V. tir.MMINI and DORIS S. IirM'tINGs husband and wifes of
fxdtx>iCdtlaltwxandx:axYsrx 807 Mitchell Streets Ithacan New York
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` referred to herein as GRANTOR and the TOWN OF 1TIIACA, a municipal corporation in the County of
Tompkins. State of New York, hereinafter called GRANTEE or TOWN,acting for and on behalf of the
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DISTRIc,r (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
r 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
p' ! and to said Grantor as a result of stabiliiaition 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 h 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 appurtenances is to be laid shall be substantially as
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described below.
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
1 are being installed,which temporary easement shall be t h e
i minimum amount required for this purnose and shall be defined as se
l forth belaw. Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth:
l The sewer line shall enter grantor's property from the southerly bo d-
` ary thereof and run in a direct line northerly to Mitchell Street@ e
easement hereby ,ranted is 10 feet in width, namely S feet on either
side of the center line of the sewer line as laid. The center line of
1 the sewer line shall run ten feet westerly from and parallel to the
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easterly line of the Grantor's east boundary line.
In order to mark the limit of the temporary easement, the grantee
will construct a temporary "snow" fence to the west of the location of
n� the sewer line.
The Grantee agrees to connly with the renuirements of the attache
letter dated March 491966 from the Grantor to T"r. William R. Kerr, .
Sunervisor.
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The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and
punder its control and supervision,but the Grantor reserves the underlying fee title to.said property covered
1 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 sold right of way.,The Town,whenever any M
work h done on the grantor's 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
eonnect his sewer service lateral to such sewer main if it is more feasible and economical to connect with
aid 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 premier shall
aw&% me a release from any such lien(s)of the easement granted hereby:
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1%instrument shall be binding on the parties hereto,their distributees,personal representatives,suc-
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J censors and assigns.
IN WITNESS WHEREOF,this kwtrument has been duly executed by the Grantor(s) and/or the
IMP of this lien._
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WITNESS: (dp below)_
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STATE OF NEW YORK = .
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COUNTY OF TOgMPKINS: ,/
On this.....1. .. ` .day of........A.�►�.d.............19.663mmef.me,the subscriber,personally
appeared
RAYMOND V. HEMMING
to me personally known and known to me to be the same person(s) described in and who executed the
within inst uinent,and he duly acknowledged to me that bQ ecuted the same.
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r, ., ;.I ,, `'°�i NOTARY'
STATE OF.. NEAJ YORK....= /
COUNTY OF.TOMP.KIM..... SS.
On this.J.*_!:�z.......day of !'.L�..........�:�.�.�....,8966,before me,the subscriber,personally
appeared DORIS S. HDMMTNr,
to me personally known and known to me to be the same person(s) described in and who executed the
W"inrtmmnenl,and he duty acla�ged to me that ted the same.
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807 Kitchell Street
Ithaca, low York 14850
3.,: Marek i, 1966
Krs Wiilia%1. xasx
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Supervisor'
` Town of Ithaca 1'•�.�.,1 3�y��6
Ithaca WIN York
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A conference was held at our rosidanco at 807 Mtchoii Street, Vedaeaday.
noraingt batch Z, 1956,.with?:4cors. O'Eryle (Losier Cospattyr) and Allen (Uhite Nurseries)`
to discuss the request of the Tawe of Ithaca for an eaacmont across our property at
Sol Kitchell Street.
The purpose of this lettar is to infarct you that, if we should grant the ease-
out requootod, in addition to a cwilete restoration of our property to its original
condition follocrlag the direing of the ditch and the ecopletion of the now sawor
` project therein, we will also re uiro as a condition of this easemats
1. Spacial attention=at be giti-en to the protection of a large black thorn
tree situated in close proximity to the line of the proposed sower.
.Zs Spiraaa bushes tow locatod on the north aide of our property shall be removed
` and replaced with forsythia plantings as recw=acad by Wbite Nurseries.
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f 8. Preliminary to actual diZSina, several small Scotch pines located on the
J *authors end of our property stall be rawwd and protected until replanted by said
( White Nuraorioo as rec6o::r+cn&3d by thus.
4. Finished grade of tra area I=diatoly south of our present southern line
(approxi=ting t'.o'd!atance of 60 feat on lands tow,evned by the Ithaca rioard of Education) r
shall be such to influence a definite drainajs of water to a stream at the southern
mot part of this land. In this gowral arca praaont undarbrueh growth will be removed
end stro=shall be ditched to insure a future flow of run-off water to avoid passage
over tale area.
5s Itinhol• to be constructed in the savor ling near septhers and of our property
shall bo not less than 1 foot balaw'graas level adjacent to.tais area and shall be
covered with topsoil and reseeded with entire Iowa to eliminate any unsightly appearance
�y oa this portion of our lawns
6s Stow fonts& shall bo erected on either Woof propeaed ditching area to
minimiwa dem3a to troos, shrubbery& and to control blowing 6f dust frox piled dirt
resulting from excavating works
7. Ditching area shall be brov3ht up to aaifora level of entire taws area to
eliainate atW"valleys" that slight result frost sottldfig of dirt replaced to cover savor
pipe treaahe
8. U at any time in the future it beoca>was necessary to"opea.we any portion of
f= we pr*misee to facilitate the mainton=ca/repairs of the sewer line, it is expressly
a$soed to and understood that the prcwziaas will be restored to its otAginal aonditioo<
.wholly at do espew of the Loom of Ithaca.
Very i rag
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A torte aM of the ervow rreerded go the 9 -
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exendn.d. Clerk