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HomeMy WebLinkAboutBF096844-001 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any):� n JV i ,sRLlU Q.X/Z�� /t� THIS INDENTURE,made this...Q" 2-44..._...day of....� :.4 ................ 14BETWEEN �o ccs • 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 1b),the Comaider. 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: A 10 W%4e. pec chase^�C 1 . Gen P-t 4%P, o� Sewer Aro z, 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 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 lien(s)on the above praises shall constitute a release from any such lien(:)of the easement granted hereby: W I CY) I I i tt �J This instrument shall be binding on the parties hereto,their distributees,personal representatives,suc- cessors and assigns. `r IN WITNESS WHEREOF,this instrument has been duly executed by the Grantor(s) and/or the holders of this liens, � y LIER469 FADE 234 WITPas: s. .. `,,,,,,,... ...... .. ..«..........�........« M I 7,00,* ».»«..««..».«.»«..«»...«..........«...»..»..»»«»....«..«.«...»...L.S. J ...I..s. STATE OF NEW YORK COUNTY OF TOMPKINS: I. On this»»...»«»......»...day of...»»»..............«««..».».........«...,1985,before me,the subscriber,personally appeared i 1 to me personally(mown and known to me to be the same person(s) described in and who executed the within insb mnent,and he duly acknowledged to that hs e:oea>tted the sans i .«»......«.............«NOrfAAY�k?tJBLIC...«..«..........«..«..... I a STATE OF......»..............»..»...: SS. COUNTY OF................. .day of..»...«.«...«..»»«............»......»...,1985,before me,the subscriber,personally appeared to me personally known and mown to me to be the same person(:) described in and who executed the within inshwnent,and he duty acknowledged to me that he executed the same ...«..........«..«......«......«......«..............«»«..«..«..«...............« NOTARY PUBLIC STATE OF...��..7.»...: , SSCOUNTY OF 1...* �:..:4- On this .... da ofr .. ..,19"before me,the subscriber,personally a~ appeared .. .»... y the subscribing witness to the foregoingt,to me y known, who, being by me y sworn,did depose and say that he residos �l�t.�-eL duly 0that be lasows 72�-� to be the havidual(s)described in,a~ixi'who executed the foregoing instrument;that he, wbsatbing wines:,was present And law hslezeaits the nme;a tbair said at the same time subscribed as witness thereto. .................... .............................................................. �� ��«NOTARY PUBLIC CH1?r,ti'1. S. RP.NINATI Nutary Public, St.ilc to New York No. 55-5r'612',o Qualified in Tumpkius Coulty ff • STATE OF.............................«.: SS. 1 crm Expires March 3% 19 COUNTY OF...»..«.«.....«..»».. On this...«..»......«..»...... , day of»».......»»»..».«»...»»«»«..........»..«..., 1985,before me personally came to me personally known who,being by.me duly sworn did depose and my that he resides at that he is the Of a� above Instrument that be knows the seal of said the corporation described in and which executed the , corporation;that the seal affixed to said Instnmsent is such corporate seal;that it was so affixed by oder 81 of the Board of Directors of said Corporation,and that he signed his name thereto by Was oder. . A We copy of the WOW recorded an the 3/`'� d"!f { Clerk 21rr 1p'C7 . a 9.'d d e ted. a.d. j