HomeMy WebLinkAbout013349-001 f�u12 ug�ri JU6 FAa 200
TOWN OF ITHACA, N.Y. - DRAINAGE - STORM SEWER RIGHT OF WAY
THIS INDENTURE made this day of . . . . ' , 1971, between
Kenneth R. and Edna Morusty
residing at 105 Brandywine Road, Ithaca, New York
hereinafter referred to as Grantor, and THEWN OF ITHXCA, a
Municipal Corporation in the County of Tompkins and State of New
York, hereinafter referred to as Grantee or Town.
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R WITNESSETH: WHEREAS, said Town is about to construct storm sewers
k<, for the purpose of draining the area of the Town located in the
general vicinity of Brandywine Road, Christopher Circle Extension
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
accrue both community wide and to said Grantor as a result of
ry 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
} whereof is hereby acknowledged, DOES HEREBY GRANT AND CONVEY to
said Town, its successors and assigns, a permanent right of way to j
_ 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 th
i Town, and he reserves the right to use and enjoy said premises
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. I
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 own r.
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,
dated December, 1967, Final Additions made August 12, 1968, made
by Thomas G. Miller, and approved by the Town Planning Board Augus
12, 1968, and filed in the Tompkins County Clerk's Office on
the 27th day of December, 1968.
The storm pipe will be 3 feet in diameter and will be approximate) �.
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:
105 Brandywine Road, Ithaca, New York
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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 `
:i 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.
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TITLE INFOILMATION FROM TOWN OF ITHACA PROPERTY OWNERS
1. 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,etc.)
Name,Address&Telephone Number:
I
I
L Address of Property
3. Indicate whether you have in your possession any or all of the following
(cross out whichever is not applicable).
Abstract of Title:(If you do not have possession of abstract of title,
where is it? ' a
Deed:
If"Yes"give following information as to recording in County Clerk's office(usually found in front of
Deed)
Book ........................................
Page ...... . ..:......*............... r
Dateof Recording ........................................
Survey,Map, Sketch: 3
4. Name and address of any person or institution holding a mortgage or mortgages on your property.
b. If you acquired the property by Deed,please fill in the following: ;
Approximate date (give year can't remember mouth):
From whom purchased:
6. If you inherited property,please fill in the following:
Approximate date:
From whom:
Was there a Will?'
If there was no Will,was an admifor appointed?
THE ABOVE INFORMATION will be used by James V..Buyoucos,Town Attorney,for the purpose of
Preparing right of way agreements.
LIBER jv6 PAGE 201
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STATE OF NEW YORK :
T COUNTY OF TOMPKINS.
On this........»».».......»day of ...»»»»»».,1965,before me,the subscriber.personally
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to mepersonall known �
wn and known to me to be the same person(s) described in and who executed the
. e within instrumenk and he duly acknowledged to me that executed the same.
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NOTARY PUBLIC
STATE OF...........»»»»»»»»».:
COUNTY OF -J
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"r On this.»»»»»»».»»»day of. ».....»»».»,8965,before me,the subscriber,personally
appeared
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qo to me personally known and known to me to be the same person(:) described in and who executed the
Q' within instrument,and he duly acknowledged to me that he executed the same.
NOTARY PUBLIC
STATE OF. New York
COUNTY OFom'kns,t •
1971-
On this«... 5-'� .»day of.....QGT .i2.«...«, c before me.the subscriber,personally j
y appeared Walter J. Schwan
r the subscribing witness to the foregoing instrument.to me personally known. who, being by me duly :r
3 sworn,did depose and say that he resides at 16 Muriel Street, Ithaca, New York
go that he knows said 1
w z Kenneth R. S Edna Morusty..
c� to be the individual(s) described in,and who executed the foregoing instrument;that he,the subscribing I
witness,was present and saw he execute the same;and that he,said Walter J. Schwan
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at the same time subscribed name as witness thereto.
E.M19TOYSP9*WC
NoUry (vwir.sthte of New York'
Nu.5.a)l54')t)n
Qualified in Tompkins Count
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} Z'crni Expires March 3U,1973
' STATE OF....•....».......»...».......: I
COUNTY OF
Onthis..»...«....««..», day of.......»..»..«»«»...... ....».............. 1965,before me personally came
to me personally known who,being by me duly swam did depose
. w and say that he resides at that he
M 3 is the of
the corporation 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
s of the Board of Directors of:aid Corporation,and that he signed his'name thereto by like order.
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A Imo espy of cite original recorded on the ' tall ►•�
%-Man -P6 113'" at 1 O.y-1 e�d6&GJY1.,vW ercamleed. Clerk