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HomeMy WebLinkAbout014606-001 1 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): 112 Park Lane, Ithaca, New York Block 9. Lot 7 Section 1 Eastern Heights Subdivis ott ►i T141S INDENTURE,made this.....Ifth.......day of.. ................Tiny.................. ....... 1973 BETWEEN i ANTHONY H.'SALERNO and DORIS H. SALERNO, husband. and wife, both of 112 Park Lane, Ithaca, New York, individually and as tenants by E t:he entirety, referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of i ' Tompkins, State of New York, hereinafter called GRANTEE or TOWN,acting for and on behalf of the(Tn ' 4 EASTERN HEIGHTS, INC, or t succesjsors d 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- r 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 on the attached map in- the area designated as a 20 foot easement along the north line of the premises of the Grantors 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 i aro being installed;which temporary easement is also,Shown on the attached map.. � P A } 7 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 covert-d 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 promises 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 y 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 premises shall constitute a release from any such.lien(s) of the easement granted hereby: The Savings Bank of Tompkina, formerly known as Ithaca Savings Bank, : This instrument shall be binding on the parties hereto,their distributees,personal representatives,suc. ) y cesson and assigns. IN WITNESS WHEREOF,this instrument-has been duly executed by the Crantor(s) an&or,the holders of this lien. Lett 509 ?a 449 • ICER 509 PAGE 450 E.-A G 1 H T r d ,9 1 � r L�'SY6C1�11. 'tom ITCH ?,LCY}'E- r GAN c C;,; tiG�f EA!F--,A, NT m -- ... .. _.......—.--- , N`,� ' ���A�t• Vn•►7• K>47.'SIN ( ,•. 1(11 , � :,.1r t ,x .� • le 1 10)3•"1.'!1 .�N.r't I:•l.' �' ' i4 INV.(�; tiJi�"vltJG�Ll�ik.— :• '-� � � � i'"• �J -1C14c�• } ? .. • 1, � F�s A•+'"'T''.''«~«S,TA SPN Ali' vA '�r'. '� •�'4 Z.i'. '�1 �''� .r-'�',�1..:j�•,�._::..,-.:..1.':":` L;,i z ICS l7r 4,'';,'�-r,•�-r'•,;�� , ea .... ► GvaVFht.'C �,\�•, «+�..•.. 1 IIINf UV CKf1+trY TMA1•f ASA A Of fl i'-1.'• .'t r••'1 • �••�'�' +' - f.N(rlfl1'1'.11 ANO L11NU MU11\i'Yt1t1 of r r• - 1 1 ' .. t1A r,K LA N�,,,� V411K AND TiiAT Tllln IdAI CttlrrI'1'I t 1f I.t�r'N#'•r."I •r'•/•! '.r.�.�'1 .....•.—.�... VILT MAVC NNIAN MT UUMIf VI.rrlN. ' f �r- •-1 " ti 11 � y r,,,....� 1'i �xf,••��.f4.. ��r .1�• .µ ti_ ��.•..�� � JUNII U. JP 1. a. , �{�:Y..a, LG.�'19�,P.� �u`"'r..►nl-C1d t• _ ��•r�V J.'.� �G 4 WITNESS: (dgn bekow)i D ..........fiony H aTerno IIo ....................N.. .N..........N N... .»...............».....»..»»».» s ;'Seler'no .. ..... .............L.S: r S9v ..8� .. ..11Hb. .. S. bN .. NN.N.. N N»...»NN.N»... As Vice-Pros on .................»......».....».........»...».»..................»..».......I:.S. STATE OF NEW YORK : SS. COUNTY OF TOMPKINS: On this....�,�th. .day of ........July... ..................19 7�before me,the subscriber,per�ally r aped .. .. ...... ANTHONY H.N.'SALERNO and DORIS H. SALERNO e to me personally known and known to me to be the same pmon(s) described in and who executed the within instrument,andUlduly acknowledged to me that he executed the same. DONNA LEE WALLACE Nofery Public,State of New York No.9510180 tivali ied In Tompkins Cow:ty .. ��Iwjion E4pires March$0. ? NOTARY PUBLIC STATE OF...».».................._ ' SS. COUNTY OF..................».......i ...N .». N..» .....».. On this day of. ...N»..». N...,19 ,before me,the subscriber,personally appeared to me personally known and knvwa to me to be the same pas (s).described in and who executed the ' .. within instrument,and he duly acknowledged to we that he executed the same: { .. . ....._..» NOTARY PUBLIC .N.................. ` STATEOF...........».....»...».......i COUNTY OF...............N............ ' On this...........................N...day of.........................................19 ,before me,the subscriber,personally a• appeared w the subscribing witness to the foregoing instrtmtent,to me personally known,.who, being by me duly sworn,did depose and say that he resides at that he knows said to be the individual(s) described in,.and who executed the foregoing instrument;that he,the subscribing t3 witness,was present and saw he execute the same;and that he,said e subscribed name as witness tkenretp. REAL U ATE STATE OF x>• TRANSUR TAXQ411 A. NtW YORK w of .+ * ..»..».....N....NNOTARY.I'UBLIC ... ..... � � loicclron �ul�rta ..0 0.0 0 � STATE OF.....NEW...YORK... : SS. COUNTY OF.TQC' On this................................day of..N...N..N.ILtl ................................., 19 7�before me personally came Walter Maeki to me personally known who,being by me duly sworn did depose and say that he resides at Ithaca, New York ,that he !° bin a Vice-president of Savings Bank of Tompkins County 194 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 to seal;that it was so affixed by order of the Board of Directors of said Corporation,and that • his name thereto by like order DONNA LEE WALLACE AGE 45 Jotwv Public,State of New Yodc ..}... ............. ..... LIBER 5 No.951o1ao »�NOTAAY PtJHLIC Oualiflod In Tompkins County :.•hn+cRSien Expw a M�.�h 30.19? A fcve copy of like odsinel"warded on tho 31 O'X" do of ` $ (AT3 of e'eloek P M.,end•xoeniteod. '' Clark f