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HomeMy WebLinkAbout032852-001• 1 I RICHARD 1. MULVEY ATTORNEY AND COUNSELOR AT LAW . SIS MORT" AURORA STREET ITHACA. NEW TORI( Mesa 1 5004 UNDERGROUND SEWER AND WATER LINE EASEMENT ow 574 im W THIS INDENTURE made the 161eL day of November, 1979, by and !between JONSON HOMES, INC., of 111 North Plain Street, Ithaca, lNew York, hereinafter called the "Grantor", and the TOWN OF ITHACA a political subdivision of the State of New York, having its prin- 1cipal office at 124 East Seneca Street, City of Ithaca, County of !Tompkins, State of New York, hereinafter called the "Grantee". WITNESSETH: That the Grantor, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration paid by the Grantee, the re- ceipt whereof is hereby acknowledged, has granted and released and does hereby grant and release to the Grantee, its successors and assigns, the exclusive and permanent right of way and easement to install, construct, extend, build, replace, relocate, operate, repair, maintain, renew and at its .pleasure remove, underground street sewer and water line systems, including pipes, conduits, manholes, handholes, and such other appurtenant or supporting ap- paratus, structures or markers as the Grantee or such assignees as the Grantee may elect, may now or shall from time to time here— after deem necessary for the transmission and distribution of .sewer and water service upon, under, through and across strips of land hereinafter described, including the right to extend lateral service lines to all buildings now or hereafter -constructed upon lots abutting said easement strip with the further right to cut 11 otLR 574 PAGE 616 roots or remove any trees, shrubs or other obstructions within or adjacent to the easement area herein described, as shall be reason ably necessary to keep pipes, conduits, manholes and other appur- tenant apparatus free from interference, together with the right of way and easement for the passage of men, vehicles and machines as shall be deemed necessary by the Grantee for all the above purposes. It being the understanding of the parties hereto that the ex- elusive and permanent right of way and easement above described ane herein conveyed is intended to prohibit the longitudinal or parall• el occupancy of said easement.strip and surface or subsurface r structures or excavating, mining or blasting within the limits of i s � i i RICHARD I. MULVEY ATTOAN[Y AND I COUNY[LOA AT LAW [1• NORTH AUAOAA [TA[lT t ITHACA, N[W YORK I4800 k said easement and right of way, without the prior written consent of the Grantee, but it is not intended to prohibit crossings of said easement strip, or other uses of said easement and right of way area, so long as said crossings or other uses do not interfere with the operation and maintenance of the Grantee's facilities, or !damage or endanger such facilities. The easement herein conveyed jis more particularly described as follows: PARCEL #1 COMMENCING at the southwest corner of Lot 2 as shown on a survey map entitled "MAP OF IVAR JONSON SUBDIVISION - IVAR JONSON- ;OWNER AND DEVELOPER - OFF TEXAS LANE EXT., TOWII OF ITHACA-TOMPKINS SCO., N.Y." made by Clarence W. Brashear, Jr., licensed land sur- f veyor, and dated April 26, 1979 and revised May 14, 1979 and !November 6, 1979 and approved by the Tompkins County Health Depart 1 • 1 • 1 1 • RICHARD I. MULVEY ATTORN[Y AND COUNWRLOR AT LAW t19 NORTH AURORA tTRttT ITHACA. NEW YORK 14850 1 um 574 PAGE 617 ment on April 30, 1979 and the Planning Board of the Town of i Ithaca on May 18, 1979, a copy of which is being filed concurrent I herewith; running thence N 88° 35' E, 68.3 feet to a point; thence N 10 25' W, 20 feet to a point; thence S 88° 35' W, 59.9• ;feet to a point; thence S 10° 55' W,.20.5 feet to the point or iplace of beginning. PARCEL #2 COMMENCING at the northwest corner of Lot 3 as shown on the aforesaid map; running thence N 880 54' E,along the north line of Lot 3, 236.84 feet to a point; thence N 0° 44' W, 102 feet to a point marking the southeast corner of Lot 2, as, shown on said maps thence S 88D 35' W along the south line of Lot 2, 227.94 feet to a point; thence S 10* 55' W, 34.6 feet to a point; thence S 00 55' W, 67 feet to the point or place of beginning. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer this bl'"" day of November, Nineteen Hundred and Seventy-nine. II JONSO HOMES, IN By: AnLA 12 Pres en STATE OF NEW YORK ) (COUNTY OF TOMPKINS ) ss: On this 16 P, day of November, Nineteen Hundred and Seventy- nine before me personally came IVAR JONSON to me personally known ;who, being by me duly sworn, did depose and .say that he resides i, m 574 PACE 618 in the Town of Ithaca, that he is the President of Jonson Homes, Inc. the corporation described in, and which executed, the within 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 corpora- ltion; and that he signed his name thereto by like order. NOTARY UBLIC I I Kl\'IlAtth I. Al l'L\ 1•.� Tut. r t b • tic, State (A N ` �,uuty No. 35 . cmntni:licw Lt+wi> Dina 1, ;t,i, tv4q _.....S%.�........ ;D RAL ESTATE NOV 2 3 1979 T Rh MSF ER TAX WUI�IY I I RICHARD 1. MULYEY �I ATTONNKY AND .. COU NSA LOR AT LAW lamp,t CU*. or •.• VWI �.... )ori.. �7���.••M 819 NORTH A.INONA •TRl[T Recaided.on yya�� •�����• ITHACA. NEW YORK 14850 r 4P, O tll� •yy ••.�I �, `-_,. ... �.. ••'` •C1_.•• at page ....�9 )�........W..R..... end Ct.EU i I- 0 u E 1