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HomeMy WebLinkAbout70.-1-34 BF093345-001 IT 71 LIBER462PAGE 698 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): THIS INDENTURE,made this......Ca.............day of..........M,A. .........................:........... 1985 BETWEEN i I 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 acme both community wide and to said Grantor as a result of stabilization of property values and protection of health and otherwise, t 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 ma as � p of"Easement for Northeast Sewer Distract made by Lozier Engineers,Inc. ; March, 1985,showing the parcel marked Account No. ....now owned by the Grantor. Together with a temporary easement during the period of original construction over so much of the owner's property as,may be 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 references,property descriptions (if desired) are hereinafter set forth: J� I 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 restrictits 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 wan 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 instrument by a party holding the following lien(s)on thqshaveru shall consti ee a release from gny,such liens)of the easement grantedhereby: �� I i This instrument shall be binding on the parties hereto,their distributees,personal representatives,sun cessors and assigns. IN WITNESS WHEREOF,this Instrument has been duly executed by the Grantor(s) and/or the holders of this lien.. NYMiiiYiiriii,N•NyiNi•NiMMtiWYNNYWiiNiiYiiiiNiNiIiN\M.•iiriiiNi NiNiNiN•illiiiiNiNNNiiNNiiii iirii(•NiNiiiNNiiiii iiii•i� WI' +IBSS:' ('sign below):. l \` �`i>� ....,i !'E/i'• 3 Z L4 r. .w..«... ......1G:.1.N...{�d.:k.,. ~.. �.i5•'.."F.1.1.�' ....... ...L.S. `fes`` '9iR 1 i t t e ITHACA .AVPN.... iS? ... S N. L S. ........ «««..r..«.w»«•.«.w.«.«. �. `./'�(/[ •.« S v``1l` \l r •i .•r .��e V�e'«7r's's�.» •• LS. d', ................................................:.... .. .. ..L.S. € STATE OF NEW YORK £ COUNTY OF,TOMPKINS: SS. • zz On this........................day'of...............«..«............................,1983,before me,the subscriber,personally appeared pas o to me personally known and known to me to be the same'person(s) described in and who executed.the within instrument,and he duly acknowledged to me that he executed the same. ...........................« ......................................... NOTARY PUBLIC STATE OF.................:............... SS. COUNTY OF............................ On this........................day of........................ ........................1985,before me,the subscriber,personally appeared to me personally known and known to me to be the same person(s) described in and who executed the within instrument,and he duly acknowledged to me that he executed the.same. .............................................................................................. _. NOTARY PUBLIC STATE OF..1. ?... SS. COUNTY OF. .......... . ..... On this.......................1.6....da of ,1985,before me,the subscribes,personally y ... Pam y appeared �Z �J the subscribing witness to the foregoing instrument,to me personally known, who, bean by me.duly { 3 sworn,did depose'and say that he resides at-41. 0 that he knows said �a to be the individual(s) described in,and who executed the foregoing instrument;that he the su in witness,was present and saw he execute the same;and that he,said .� .C� ey at the same a scribed name as ess thereto. ... . . .. ............................. ..•....................................... NOTARY BLIC r, JAMM T. 811YOUMS I public,State of New Yert /f No. HW51;'u:U • STATE OF...1.. .. ..... . .........: Qsslifled in T l SS -5 C�+.ntt}y� Term Expires march 90, 19.fr, COUNTY OF.... ....... ... 6 On this........... ...11th day of............April ................ 19d, before me personally came W, Ci- to a perso ally 1n who, g by duly sworn did depose and say that lip resides at 3 o f � �•, � that lm ' �� is the �-.•wG«.f` of ��.°a,.5......•�,� �-- GL..�s�s.,�,,; � e the corporation described in and which executed the above Instrument; that he knows the seal of said corporation;that the seal affixed to eaid Instrtmierit is such corporate seal;that it was so affixed by ort t $e of the Board of Directors of said Corporation,and that he signed his name the by like order. A J• JAME 4 ' 6yi7 l; Z PACE "Otgr M.Cic.St ' LIAE Notary Public.State 011400 YaR ' No.55.041510 NOTARY PUBLIC „. ?udified in tornpkhre Courd'/ arm F>�.Match 70.i i ,•Y......:.:C .,..,w.,F�"" .,,:, -gnf:�'*"m�I.•ra•:'S.r�t:°c^�r .,;..,,:.. ,r• .�^ ... ,.��..�.�.*� .. :+J.I ,w+r"r"�,. .. g.er7.rr'.=5'�. z: . EVER 462 PAGE 698 N A ccoun f A16. E . x ' X Ns e. w/.3 or. i d x Perm ori r1 T' Eorai,�Bn> . 6'Son.Sewer •'' 1414 Al-.5 HA W ROA D r EA S E AVI E A/T A/ORTHEA5 r •SS W,E`A DIS TR/C T Theo ' A ccoul7 f wo. 70'-/- 34 Town of /thoco Tomkins Co. Aly L ozie` En9inccrs �/nc Qoc.hestar� �1•Y. •. . �2.A.0. March) 1965- Seo/a A OF enol r�co►d�d on fIN day mM ncomMel, Clerk