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HomeMy WebLinkAbout70.-1-47 BF093329-001 R f WEE 462 PAGE 666 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): i -4�. . . - .\................................. 1985 BETWEEN f THIS INDENTURE,made this.........."..1...."�..day of........ ..:.V.X.' C�C_ 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 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 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 Lozier Engineers,Inc. March, 1985,showing the pared marked Account No....`l A.:-..1.-..'`1.Z.....now owned by the Grantor. Together with a temporary easement during the period of original construction over so much of the i owners property as may be necessary for men and Yehicles while the said sewer main and appurtenances aro being installed,which temporary easement is also shown on the attached map. } Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: 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,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 i said sewer main instead of connecting to a different sewer main in an adjoining highway. r The execution of this instrument by a party holding the following liens)on the above premises shall 1 consItutte a release fromany such lien(s) of.the easement granted hereby: This instrument shall be binding on the parties hereto,their distributees,personal reprsuo• cessors and assigns. IN WITNESS WHEREOF,this instrument has been duly executed by the Grantors) and/or the holders of this hen. `............... .....»..............»........................ .......................»...................... »....,.... F WITNESS: (sign below): ,Y.................................»..»..»...»_....... p»3AVIldaS LOAN g§g ..........L. . .. ... .... . .... • MIA S ti z �'�;,tib: HaYri�cir•1t.•C�s4re. ...Prt�r. ..... .»..... oRC A r :'r_ .......................... ..........L.S. ,�' { * •.T ..........................._............ . <.: :`�'' 'raTA�•OF .xBRS :SS. LINS: O`n—,t ..........clay of..................................................IM,before me,the subscriber.PeraoMllY appeared.. - D o to me personally known and known tome to be the same perscm(s) described in and who executed the within instrument,and he duly acknowledged to me that he exewted the name. . e ............................................ PUBLIC.. . . STATE OF ' SS. COUNTY OF... ................ ..... me the subscriber,personally ' ...................................................1985,,before , On this.................».....day of appeared ° s described in and who executed the o to me personally known and known to me to be the same person(s) within instrument,and he duly acla wledged to me that he executed the some. �e .............................................................................................. NOTARY PUBLIC i STATE OF.(V..�!ar SS. aCOUNTY OF.. .tir. ...:. On this .....�..(.r.�........day-of........ .... .............1985,before me,the subscriber,personally appeared .�:GµO�^- d 0° k� hme d ply the subscribing witness to the foregoing tnstrumen to personally kno o bein by SWM,did depose and say that he redd at rj that he knows said to be the individual(,) described in,and who executed the foregoing instrt�rn��J't;that he,the iu8 witness,was present and saw he execute the.same;and that he,said Ij�� - �.d at the same time str name as witness thereto. .......'�.. ..............NOTARY BLIC............................:. JAMES V IW N: "'s (rotary Public,Sta:c of`ewV York Qualified in TamY�hrs Cour i, Term Expim MiLich A Y. j j STATE OF ... SS. ! COUNTY OF.T.k... 6 11th..........day of .......Apri 1................................. 19d,before me personally came on this to ape al who,be;Ir�g by me duly:worn did depose � he and say that he ides at 3 0f. ofav'ca 9 Cumti, is the f o the corporation described in and which executed the above Instrument;llthat he knows the seal of said s corporation;that the seat affixed to said Instrument is such corporate seal;that it was so affixed by order $Z, of the Board of Directors of said Corporation,and that he signed his name thereto by like order, mESM•CIRONI► yotti i �•• No 01 blit.Stats of Neuf .... ::.................._.................................. »......»..»..»....... LISER4 2 �cE bb No.55P �1t p?A"c NOTARY PUBLIC Twat to ch195- 'S�a,e,,...,+:...,ar«�. ;,%�+Fa�..n'yCy'r`t�fe7xe..�x.,...,.... .--. .. :_.,wq,..:�.l�da.��-ssY.r�w..�'i. .w...��,.. ...�,,. e:s'..�.�..�h.�..•4�nfih.�6�fs:'�.s.v.t�d ,., .w -�.ae.,�'� .�'i'���k'u. um462 w 668 342.2 NAt i • Account No 70-/-47 Hsm Per mr P Ec►se.»en� s' Q San.Sewer E30 WA l2)2EN ROAD EA s E ME'ill T ti0, Tr-ZEAS T SEWS DISTRIc r Thru A ccoun t A/o. 70 -1- 47 Town of i1bacv Tornpkihs �'o. :l`l.Y L of ice Ensi'neers /nuc, Ro chej-tei, N.Y. AMwrch.* %9,6 S' Seo% A true copy of th*anginal roeerdod on the / day of �A �� of a'dadc M.,andexamhrd. C . --.44-4a