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HomeMy WebLinkAbout59.-2-10 BF096838-001 M' A TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Sv 9 .;2- 10 Property Address (if any): .. dao GJouer Lu.ne: THIS INDENTURE,made this.....nA..........day of�.. ': :�.�R:r.:rk... ....................... 198f BETWEEN nor ryian s. 7dowc I l i CA.n 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 --WER DISTRICT (Town of Ithaca) EAii7oIIoW Road WITNE SETH: 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 an 06 afteehea me, ei« M Atli smqq MV-0 » made ccount No,•. .. ... ..............now owned by the Grantor. r` 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 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: ijG 2—OW G '�G rr n w 0.+6.J� �.a se.Yh G r.r �►.� Z tl W �. \ C e t-r r y d i►i s.Mw`wa s.�V G r y, Sew err a1��1� bt s.0 r r.k sier- o..r C-,.�,,.�', 'F`�Zt� �►v.w '�►f. M�� r�.�-t c..�rw�r b` Yt,i�dC�6� Ji The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and i 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 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 liens)on the above premimshall constitute a release from any such lien(s)of the easement granted hereby: I t� I �L f This instrument shall be binding on the parties hereto,their distributees,personal representatives,sue cessors and assigns. IN WITNESS WHEREOF,this instrument has been duly executed by the Grantors) and/or the \ holders of this lien. FIBER 469 PACE 222 • WITNESS: (sign below): N.. ..:... .N Nw..NN». ��... .. .r»..., .. .N...L.S. ' .�►. N N..N..N'.�:. ... N .. .... N..N...L.3. i .......................w......»..N..............N...........................N.....N... N.N.N...N..........N..N»N.N..»N.».....N..»...N»..N..»N.N...N..N...L.S. w.N.w..w..N..N.N...N»N..N..».N..N...N..N.N........w..................L.S. wNNNw.NNNNw..N......N..N..N»...»N.NwNNwNw.NNNN.NNNNNN�S. STATE OF NEW YORK : COUNTY OF TOMPKINS, Ss. on this...N..N..............day of N.N.........N.NN..NNN................w...i 19%,before me,the subscribec,ply i appeared to me personally known and known to me to be the game person(s) described in and who executed the C! within instrument,and be duly acknowledged to that he executed the same. e .w.w..N..w....w.NwN.N..N....NN.w..........wN.Nw».w..w..............Nw i NOTARY PUBLIC STATE OF COUNTY OF...........w..w....... : On this...w..w»...........»day of..........N......N.NN.N.».....N..N.......,1985,before me,the subscriber,personally appeared o to me personally known and known to me to be the same person(s) described in and who executed the �y within instrument,and he duly acknowledged to me that be executed the same ©e ...N......................N......»......w..N..N..N..N..N..N..N...................N i NOTARY PUBLIC i STATE OF ALaw.Y:ark........: 'SS. COUNTY OF Tompkiaa.....: ! On this.Z2sid.N...»......N...day of.£abruar -,j...19iG9..,310b6Jtbefore me,the subscriber,personally appeared WILLIAM R. O'B OY LE the subscribing witneas to the foregoing instavment,to me personally known, who, being by me duly sworn,did depose and say that fore resides at Geneva, New York v that he haws said Norman J. Howell and Gloria Howell � to be the individua(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 e William R. O'Boyle I at the same time subscribed name u witness thereto. 4 , i ��NOTARY�PUBLIC i REMNATI Notary i ublic,St,.1c of New YorkKn. r.,y�l'4!l QueliueJ 1iMarch�a30, 1 STATE OF.. �..................N.N.. SS. Term txpira COUNTY OF on this.................:.........N...day of.....NN.............».....N..N............w......., 1985, before me personally came ' to me personally known who,being by me duly sworn did depose and say that he resides at ,that he is the of p the corporation described in and which executed the above Instrument; that he knows the seal of uid a corporation;that the seal affixed to said Instr anent is such corporate soak;that it was so affixed by order I 81 of the Board of Directors of said Corporation,and that he signed his name thereto by Wo order. i • I' j A true GIMPY of the eftinel recorded IMM theday of M.,.Mk.ocemteecl, Clerk