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HomeMy WebLinkAbout013348-001 i ., TOWN-OF ITHACA, N.Y. - DRAINAGE - STORM SEWER RIGHT OF WAY THIS INDENTURE made this lst' day of November" , 197$, betwee b Lagrand E. Chase Co. wibh ffice x�an at 'Ithaca; New York hereinafter referred to as Grantor, and THE TOWN OF ITHACA, a Municipal Corporation in the County of Tompkins and State of New York, hereinafter referred to as Grantee or Town. WITNESSETH: WHEREAS, said Town is about to construct storm sewers for the purpose of draining the area of the Town located in the general vicinity of Brandywine Road, Christopher Circle,Extension x, and Winthrop Drive, and WHEREAS, the Grantor is the owner or has an interest in real property in said Town where the said drainage- storm sewer line must cross or encroach upon private property for the said reasons. NOW, THEREFORE, said Grantor, in consideration of the benefits to 4 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 con tained and other good and sufficient consideration, receipt t _ whereof is hereby acknowledged, DOES HEREBY GRANT AND CONVEY to said Town, its successors and assigns, a permanent right of way to enter upon, construct, operate, maintain, repair and replace a drainage storm sewer pipe and appurtenances. The storm sewer pipe and appurtenances constructed on said premise 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 and remains the owner thereof, subject to the rights and privileges herein granted to the Town, and he reserves the right to use and enjoy said premises a' provided that such use shall not interfere with the construction, maintenance, 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 Grantor's premises, Wil restore the surface of said premises to substantially the same condition as before such work was done, without expense to the ownr ^` The location of said storm sewer pipe is shown on the attached photocopy of a portion of the map of the Williamsburg Park Sub- division #3, Simsbury Drive Development of Otto B. Schoenfeld, r7.) dated December, 1967, Final Additions made August 12, 1968, made rs, by Thomas G. Miller, and approved by the Town Planning Board Augus ctr 12, 1968, and filed in the Tompkins County Clerk's Office on . the 27th day of December, 1968. B �fY The storm pipe will be 3 feet in diameter and will be approximately . 3 feet under the surface of the ground and at a maximum depth of 6 feet from the surface of the ground. The property address of the premises subject to the easement is: 139 Simsbury Drive;'Ithaca,'New York' ' The execution of this instrument by a party holding the following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: This instrument shall be binding on the parties hereto, their. distributees, personal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the holders of this lien. LIBER Jv6 PAGE 197 1 i LIBER . FACE 1.98 I i'aL., u�.�'�I�u,diWA rAOX TOWN WIiHACA i'iW.'A:ACA'i vIJ:SSLIS s, L Property Owner ! (Full name.If more than one person has an interest in the property, state his name. Also, state { nature of relationship,i.e.,husband and wife,or tenants in common,parent and son,eta) Name,Address&Telephone Number: 2 Address of Property L Indicate whether you have in your possession any or all of the following (crass out whichever is not applicable). Abstract of Title:(Xf�you do not have possession of abstract of title, where is it? Deed: I If"Yes"give following Womation as to recording in County Clerk's office(usually found in front of Book a page ,k Date of Recording Survey,Map,Sketch: 4. Name and address of any person or institution holding a mortgage or mortgages on your property. ' L If you acquired the property by Deed,please fill in the following: Approximate date Give year if you can't remember month) From whom purchased: L If you inherited property,please fill in the following: Approximate date: From whom: Was there a Will? If there was no Will,was anadmin appointed? - - i THE ABOVE INFORMATION will be used by James V.Buyoucos,Town Attorney,for the purpose of r a preparingright of way agreements. s, . r t . ............. w i aV�:'Jb: ti U 'iow ��,�. •.• �C\�� .•«.N•««w.N•w•.•.•..N•N•.•N•N•«•••.N.•NN.•••.L.O. z�----------- � �` ..NNN•««N•NN.N. V ♦jl.�.. 1♦N..»..NNNNN......N.N...N..NM.N� �N•`I` C M••«N•••«.•NNN••N••N•NNN•.N•NNN••NN••NNNNN•N•.N•NI••.•......LW1 ' • 6'!l i,�1,... P•,f�(,' NNNNN.N..w.NNN..«N«NNNN..N.N..•NN•..NN.«•.N.w...N.«NN...Y1Y• • `+'/.:� •.`�.� .N.N.WN..•.N.N.NN.NN«NNN.NN...•N.NN.•.N•N«.N..•N.•N..N.•«...YW. . •"'�� TE OF NEW YORK f n SS. COU F TOPKINS: Nm ,,,,,,,���E'-�;;„.,».......».N....,. 985 before me,the.subscaiber,personally On this........N....... day of N. • appeared «aAc o to me personally known and own to me to be person(s) described in and who executed the within instrument,and he duly acknowledged tha the same. P. 'o Y, •. .N....«.N .N. «N..N ..•»»... ....• ..N•.N..N..N..NNN•.N. _ Y NOTARY P�(7BLIQ IRAhK Ai • L. > r,I1 3f1,I9 STATE OF... ......N. . ...N......». SS: COUNTYOF..........»..»..N»....Ns mow' On this...N..N»»»......N.day of.» .».«...N....................»N»...,INS,before me,the subscriber,perso"11Y appeared <w $c to me personally known and knows to me to be the same person(s) described in and who executed the within instrument,and he duly acknowledged to me that be executed the same. ...NN.NN.....N.NNN.......».........»•.»N.N»N.N n. N.N...N NOTARY PUBLIC STATE OF -Ik SS COUNTY OF 1q}Ilg1S�AL.N...: 3 On this ( 7p` .»"»...day of..N. A:e-e»..NN.,/OW,before me,the subscriber,personally .......N»NN..... rH appeared Walter J. Schwan duly u w me the subscribing witness to the foregoing instrument,to me personally known, who. being by 3 sworn,did depose and say that he resides at 16 Muriel Street, Ithaca, New York g o that he knows said Lagrand E. Chase . i �� be the individuals) described in,and who executed the foregoing instrument;that he,the subscribing01 *itness,was presentand saw he execute the same;and that he,said Walter J. Schwan at the same time subscribed name as witness thereto. � r; .. ..N..N... .NN..N.N...«..N.N«.N..» . .. N.......» .N..«. • NOTARY PUBLIC Notary c.4,u.st;rtd<';'i tew York Qt01i[i•'d t Count NE�V YORK ` STATE OF...»..»..............NN..».: SS. COUNTY OF N n this ..�.S.Tr.. da of........ 972 .—November......... .....10 gcbefore me personally came 0 y .. ... LAGRAND NE..�CHASE,. to me personally known who,being by me duly sworn did depose and say that he resides at Ithaea,New York ww of LAGRAND E.CHASE CO.,INC., H a is the President that-he knows the seal of said c the corporation described in and which executed the above Instrument; 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 ed his name thereto by like order. ; MR 3 6 PAGE 199 Ac ALM.Uss .....»....N ... »..NN»N»..»..N..N.» �1r�rT three..state oP Pnr tat •• NOTARY PUBLIC }rrw,yirs 6wab fire ''>:kY! tV of the original recorded on the day of A tae copy �lve rk . -yv CO Cwt, IQ-f3 at lo.'wi 61docko.&,and examined. C 1