HomeMy WebLinkAbout72.-1-7 BF093940-001 TOWN OF ITHACA, N.Y.—SANITARY SEWER RIGHT OF WAY
Property Address (if any):
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THIS INDENTURE, made this ...... day of .TJJAL........................................... 1985 BETWEEN
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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, 1965, 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 'flso shown on the attached map.
Additional provisions,deed references,property)) descriptions (if desired) are hereinafter set forth:
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j 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
I will restrict its operations to the minimum feasible width for said right of way. The Town, whenever any
work is 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
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 Uen(s) on the above_premises shall
cons ' to a releasefromw such lien(s) of the easement granted hereby: e.6—S:a�
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E CO This instrument shall be binding on the parties hereto, their distributees, personal representatives, suc-
cessors and assigns.
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IN WITNESS WHEREOF, this instrument has been duly executed by the Grantors) and/or the
holders of this lien. `
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OBEE 46? ma 694
WITNESS: (sign below):
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InM A SAVINGS &... ..........L.S.
......... .................................
.................................................................................
fieri L.S.
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.......................................................................................L.S.
......................................................................................L.S.
-,�STATE OF-NEW YORK
c6u1m,61F,:,TOMPKINS: SS.
On ................... day of ................................................... 1965, before me, the subscriber, PMOMUY
appealed
0 to-ifib'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
STATEOF ................................ Ss.
COUNTY OF ............................
On this ........................ day of .................................................. 1965, before me, the subscriber, personally
appeared
gto me personally known and known to me to be the same person(s) described in and who executed the
o
within instrument, and he duly acknowledged to me that he executed the same.
...........................................................................................
NOTARY PUBLIC
STATE OF SS.
COUNTY OF
On this appeared .........1.5.................. day of .................... IM, before me, the subscriber, personally
a. L(u, . r�)
�Z' the subscribing witness to the foregoing instrument, to me personagil', =known, who, being by duly
W es at ")C '1� -�M,
2 sworn, did depose and,;ay that he d q, tc-
go that, he knows said
z
o;q to be the individual(s) described in, and who executed the foregoing instrument; that be, the sub Ing
witness, was present and
saw he execute the same; and that he, said
at the sam6\ subscribed name as witness thereto.
. ... .. ..............................................................................
NO RY PUBLIC
�m' subscribed name as witness thereto.
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. . ...........
N A
JAMES V. HijyOUCob
P17 � & (I .
N010M7 Publ-le, State of Now Yon
N 0. 5"52557M
Qualffir-ti in TumloCounty
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STATE OF .......X.......il�..... SS. FxTorf-q mnrc30.
COUNTY OF . . ...
..... ........1 6
11th-...... April ............. 19d, before me personally came
z On thisday of ...........................................—
t e personally known Nei-A4 44 0 rp, being byye d I s7m did depose
9�� that he
and say�hat ides at .- 1-11 .9
i the
of
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R the corporation described in and which executed the above Instrument;- that be knows the sea) of said
corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order
name of the Board of Directors of said Corporation, and that 4hes edhisthereto by like order.
JAMES M.CIRC14A State of New YOW
Notary Public,
.M41570
No. 55
Qualified In Tompkins cm .......... ................ ....... ------
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LIBEf 46 -PAGE'695
A true copyof the original recorded on the qday of '1Z a/ '
at f�, U(� o'clock M., and examined. Clerk