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00846
RIGHT OF WAY AND EASEMENT
THIS INDENTURE made the Z39day of PGb r4a c , 1968; �k
between NEW YORK STATE ELECTRIC & GAS. CORPORATION, a New York
corporation having an office at Ithaca-Dryden Road, Ithaca, New k
York, hereinafter referred to as the "Grantor" and THE TOWN OF
ITHACA, a municipal corporation of the State of New York, having
an office at 108 East Green Street, Ithac ', New York, hereinafter
referred ito as the "Grantee";
W I T N E S S E T H:
In consideration of the mutual covenants herein expressed,,
the parties hereto agree as follows: I a
1. That the Grantor hereby grants to the Grantee, its f
successors .or assigns, a permanent right of way and easement to
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enter upon and to construct, reconstruct, lay, maintain, operate, ,
repair, or remove an underground sanitary sewer main, together
with the necessary manholes and other appurtenances, under,
through and across a portion of its lands in the City and Town
of Ithaca, County of Tompkins and State of New York, described
' in a deed from The Delaware, Lackawanna and Western Railroad
Company, dated June 21, 1960, recorded in the Tompkins County
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Clerk's Office in Liber 429 of Deeds at Page 212; said easement 4
and right of way being more particularly described in Schedule A a
annexed hereto, and.also a temporary easement as more fully de
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scribed in said Schedule. k
Said right of way and easement shall continue so long' as :
it is used for sewer main as above described.
2. That any damage-to the property of the Grantor caused
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by the Grantee, in constructing, reconstructing, maintaining or .
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use of said sewer main easement shall be borne by the Grantee$ ;
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3. That the Grantee in the construction, reconstruction, d`
maintenance or use of said sewer main shall maintain a clearance
of ten (10) feet or more from the aerial wires of the Grantor !.
with equipment or otherwise, and shall not injure, damage or
interfere with its transmission or distribution lines or other
facilities.
4. That the Grantor shall not in any case be liable to
the Grantee, its successors or assigns or to its contractors, `'
agents, servants, officers, employees or any person or persons f
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including but not limited to the grantee's licensees, invitees F.
or users of said easement for or on account of any injury to or
death of such contractors, agents, servants, officers, employees,
or any person or persons including but not limited to the
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Grantee's licensees, invitees or users of said easement or for or
• on account of injury to or damage .to their property and the
Grantee hereby assumes responsibility for and hereby releases the
Grantor from any such injury, damage or liability and hereby
further covenants and agrees to indemnify and save harmless the
Grantor, its successors and assigns of and from all damages and .*
claims for damages, demands, suits, recoveries, judgments or '
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executions which may be made, had, brought or recovered by reason
of or on account of any such injury, damage or liability. And
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the Grantee also hereby covenants and agrees to pay to the Granto
all damages to the property of the Grantor or other consequential
damages- suffered by the Grantor which may happen to be done or
caused by reason of or during the use of said easement, except ' x
when such damage is caused by the Grantor, its contractors,
agents, servants, or other representatives. `
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5. That the Grantee shall upon the completion of any work x
necessary in connection with the construction, reconstruction,
laying, maintaining, operating, repairing or removing of such
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sanitary sewer main, together with.the necessary manholes and
other appurtenances, leave the.lands of the Grantor in good
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level condition restored to the same condition as when such work r �Y
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commenced, excepting for such surface structures as may be
constructed.
IN WITNESS WHEREOF, the parties hereunto have caused their
cor,orate seals to be hereunto affixed and these presents to be ` .
signed by their duly authorized officers the day and year first
above written.
♦c t,
lMr+'j•;';z 1.` "�.,. . NEW YORK STATE ELECTRIC i GAS
CORPORATION
Bys�
�.. Vicyl Pres ent `
Assistant Secretary
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C F't T'
' e ' !, THE TOWN OF ITHACAiz t re,>ru c is �
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uoe 474
STATE OF NEW YORK ) '„
SS.:
COUNTY of
On this / da ofQRc� I z{
{^ Y , 1968, before me came,
W. P. A
to me personally known, who,
beim b me.dul sworn, did de
g Y Y pose and say that he resides at
p' •' e�vt+ y�• �( r ,N,v t and that he is Vice Presid t a
of New York State Electric i» Gas Corporation, the corporation ? t7
described in and which executed the above Instrument; that he
knows the seal of said Corporation; that the seal affixed to said �• ,``
instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said Corporation, and that he
signed his name thereto by like order.
Notary u o
4
;ACK M•GRAHAM ?:
lletoq PWAIG.State of Now York i y
No.W153W
lasemow
SPATE OF NEW YORK ) c�t�1e� `'
} SS.:
COUNTY OF Tompkins )
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On this 23rd day of February , 1968, before me came,
WILLIAM B. KERR , to me personally known, who,
' being by me duly sworn, did depose and say that he resides at
Iithaca# New York ; and that he is the Supervisor
of said Town,, the municipal corporation do- .
scribed in, and which executed the within instrument; that he
knows the seal of said Town; that the seal affixed to said + :
Instrument is such corporate seal; that it was so affixed by orde
of the Town Hoard of the Town of Ithaca 1 and that he signed his
time thereto by like order.
Notary Public �
xNotary Pu Public,OL State 12"101ofYork
No. 55.3231350 '
y ' , atkiied in Tompkins Cssmty
ern Expires March 30. 19 6'
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SCHEDULE A
Three permannt easements through the lands of the New
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Yo�k State Electrics Gas Corporation in the City and Town of I
Ithaca, County of Tompkins and State of New Yor%, for a Sanitary
Sewer to be located within a strip of land ten (10) feet wide, ;
5
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as shown on Maps Nos. 5, 23 and 29 of "South Hill Sewer District - A
Town of Ithaca - Tompkins County - New York" prepared by Lozier i
Engineers, Inc., Civil and Sanitary Engineers, Rochester, New
York, dated November 8, 1967, said easements being more Parti- 4,
cularly described as follows:
Lozier Engineers, Inc. File #14708 {..
Easement No. 1 - Map 57(Tax Map 54, Block 7, Parcel 50) described
as follows:
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Beginning at a point in the northeasterly boundary of the
+` Coddington Road, said point being at the northeast corner of said
lands of New York State Electric Gas Corporationj thence south-
easterly along the east line of said lands a distance of 6051 x
feet to a point; continuing thence through said lands, at an
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angle to the right, a distance of 3751 feet to the west line of s
lands of New York State Electric i Gas Corporation at a point
162t feet east of the center line of the Coddington Road; thence
northerly along said west line a distance of.60t feet to a point; r.
thence northerly through said lands on a line 10 feet westerly of
and parallel with the second and first courses herein described
xx
to the northeasterly boundary of the Coddington Road; thence
along the northeasterly boundary of said Road to the point of
beginning.
=f Also, a temporary easement over said lands adjacent to
the easterly and westerly sides of the above described permanent
'{ easement for the purpose of movement, use and storage of -earth, ►,�
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474 ra 70
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materials and equipment during the course of the initial con-
struction of said sanitary sewer. r
Lozier Engineers, Inc.. File #14726
Easement No. 2 - Ma 23 (Tax Ma 53 Block 1 Parcel 22) described }•
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as follows: `
Beginning in the northerly line of said lands of New York
State Electric i Gas Corporation at the point of intersection of r'
said ,northerly line with the east boundary of Pennsylvania Avenue
Extensions thence extending southeasterly along said northerly !
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line a distance of 265t feet to a point; thence southwesterly,
at right angles to the last described course, a distance of 10
feet to a point; continuing thence northwesterly through said
lands on a line 10 feet from and parallel with said northerly
•
line a distance of 2651 feet too point; thence northeasterly to
g the point of beginning.
�. Also, a temporary easement .over said lands adjacent to the k
southwesterly side of the above described permanent easement for
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. the purpose of movement, use and storage of earth, materials and .
equipment during the course of the initial construction of said r
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sanitary sewer. t ;
Lozier Enggineers, Inc. File #1147322
Et.�ent No. 3 - Ma 29 Tax Ma 53 Block 1 Parcel 22) describe
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as followss `
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Beginning in the northerly line of said lands of New York
State Electric a Gas Corporation at a point 921 feet easterly of
the east boundary of Juniper Drive .(proposed); thence extending
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in a southerly direction through said-lands to the southerly line 't
4 of lands of New York State Electric i Gas Corporation at a point
17SI feet easterly of the east boundary of Juniper Road (proposed)1 .4 �
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thence southeasterly along said southerly line a distance of 1805
feet 'to a point on the south boundary line of the South Hill Sewe
District, said point being 14101 feet east of a•point, measured
along the center line of the Coddington Road, 2003 feet south
from the intersection of the center lines of the Coddington Road
and Rich Road= thence easterly
-along along the south boundary of South
Hill Sewer District a distance of 10 feet; thence extending
northwesterly on a line 10 feet east of and parallel with the
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second above described course a distance of 18001 feet to a point
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continuing thence, with an angle to the right, a distance of '803
feet to a ,point in said northerly line= thence westerly along
said northerly line 151 feet to the point of beginning.
Also, a temporary easement over said lands adjacent to the
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above described permanent easement for the purpose of movement, I
use and storage of earth, materials and equipment during the
course of the initial construction of said sanitary sewer.
UM 474 nu ?i7
A trw a"of the erigi�I recorded on,the �I► .
_ 6�nest .�
�'.3 o'eh and lark
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