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HomeMy WebLinkAbout033167-001575 PACE 342 38 TOWN OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT Property Address (if any): //? WEST Kivoy RO O THIS INDENTURE, made this day of 1 , 19 BETWEEN i AIL -ZnNC7- 6,R0 ' - referred to herein as GRANTOR and the TOWN -OF ITHACA, a municipal corporation in the County of Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the TOWN OF ITHACA 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 highways 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 en- croach 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 other- wise, 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 successors and assigns forever: A permanent right of way to enter upon, construct, ,operate, maintain, repair and replace a sanitary sewer pipe line and appurtenances or such other facilities as are herein described 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; unless otherwise shown on said map or unless otherwise stated herein, the centerline of the pipe as actually laid, shall be the center line of the right of way. 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 ( or any other facilities specifically described below) are being installed, • which temporary easement is also shown on the attached map. The execution of this instrument by a party holding the follow- ing-lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: '+ The sewer main and appurtenances (or any other facilities) constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE, but the GRANTOR (1) reserves the underlying fee title to. said property covered by said right-of-way, subject to the rights and privileges herein granted to the GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the con- struction maintenance, operation or repair of, or cause injury or e • s......-.0 ...... • ,) REAL ESTATE `4 JAN 4 X990 1 TAX 1 i 1 I • �J J WEK 475 PACE • 343 ' damage to, the sewer main or other facilities or appurtenances. The GRANTEE will restrict its operations to the min4nua feasible width for saidright of way. Whenever any work is done on the AN GRTOR'S premises the GRANTEE, at no expense :to ahe,, owner • of the premises; will remove all debris and will restore.,;the land to sub- stantially the same condition it was in before any such work was, done. If any damage is caused to the GRANTOR'S property or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in writing to the GRANTES at the Town of Ithaca offices at 126 East Seneca Street 0ithacat New York, ed ately following n suc dame a or a ure to restore t e property. Additional provisions, deed references, property descrip- tions (if desired), ane description of additional facilities are hereinafter set forths 0 �IetK 575 ?Ace 344 t V \y N.J :ITT: t" W ..., � ►7 ' -' .1 p /O'SL^4,PGE MAPLE 6"40CUS7 `'•r' 1 /O" MAPLE �j�. � �1 � 2S'.y�ca✓ sApt/cE J 1• Z• 13 1 I h 7 J1 V c'�ot••tJ FcxE f � � � � �► sig. 6..c,,,,'�"'•,e } rh /Z1.W141Z0W PERMAN.EIV T EA sL' MEN T �NO�OR T�MPORAPY EAs.�M�1NT • 1 • FOR SANT TA/2.Y SE W.6/2 s ' Th►Rb L A No �' O F T,4 �'•� �', c G O v/V T N O . ,' • TOWN OF /T1,I�CA SEWER SYSTEI►9 ' TOMPrtiNs cOUJ�7'TY, �1"YV YOJ-r:C ' conal. Pwo op-lo.. «`'.i J.=i.�! .7" r N!.•i'P 01 •�. �.�.. • LOVER spiMmESRS. INC. DATE ROCHESTER. NEWYORK_F^SCALE /~+�0,__._ �iLE NOS �O09�• 1 • 1 • 1 1 0 lath 575 PACE 345 instrument shall bind the parties hereto. their. distributees, personal representatives, successors and 0 IN WITNESS WHEREOF, this Instrument has been duly executed by the GRANTOR (S) and/or die holden of this lien WITNESS: (sign below) : JLL __.. LS. STATE OF AA6PJ DI: k– ) SS.: COUNTY OF * j6 #vA, ) ` etadivi" On this q day of /QKy I/" 19.7f , before me, the subscriber.. ackowwWE ' 'personally appeared JAVer 0 to me personally known and known to me to be the same person (s) described in and each of whom executed the within instrument, and duly acknowledged to me that he executed the acme. HRUNONOIl A -^C Nottur Public, Stnto of Now o STATE OF SS.t No. M2595900 � COUNTY OF Gw4R.d In Tompkins Coanb 0?*01 me, the subscriber, (individtal On this day of 1 . . . adwow k4r personally appeared to me personally known and known to me to be -the L same person (a) described In and each of whom executed the within Instrument, -and duly acknowledged tome that he executed the same. NOTARY PUBLIC 4 STATE OF COUNTY OF ) (A —. On this day of 19, . before me. the subscriber, xsew by personally appeared , Mh1 the subscribing witness to the foregoing Instrument. to me personally known. who being by we duly sworn. did depow and say that he resides at that he knows said to be the individual.(s) described in, and who estecuted the foregoing Instrument: that he, the subscribing witnesk was present and saw him execute the same; and that he. acid at the arae time subscribed his name ea witness thereto. NOTARY PUBLIC STATE OF SM COUNTY OF On this day of .19 . before ase pes- sonally came to me personally known wh% being by the duty sworn did depose and say that be r+eida at - ' . that he is the , of the corporation described in and which executed the above Instrument; that be knows the w1 of said corporation; that the sal affixed to aid Instrument is such corporate sol; that it was oro affixed by order of the Board of Dirmors of said Corporatim and that be Oiled bis tame thereto by like order. NOTARY PUBLIC TOOK CvJW, sst �� bay .. ...M� Rpptxd� on the.. . •'...,� .�fC w his a r-,