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HomeMy WebLinkAbout033168-001t.�eEk 575 PACE 346 TOWN. OF ITHACA, N.Y. - SANITARY SEWER RIGHT OF WAY - TOWN WIDE SEWER IMPROVEMENT 39 Property Address (if any) : 08 ITOT- IP V/4hh 8040 THIS INDENTURE, made this 1.3 day of 44 , 1911 BETWEEN C_IV4R4CS !' 0 0T f E: je N a tZ ro eI e 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 4n 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 center line 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 $...... .-0. -....... REAL ESTATE JAN i?�0 TAX Gain J, Y 1 • 1 • 1 I 0 • 1 1JBEk 575 PAGE 347 damage to, the sewer main or other facilities or appurtenances. 1 The GRAi1TEE will restrict its operations to the minimum feasible width for said right of way. Whenever any work is idone on the GRANTOR'S premises the GRANTEE, at no expense to the.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 GRANTEE at the Town of Ithaca Offices at 126 East necaStreet, Ithaca, New York, immediately o ow n n suchdamage or failure to restore the property Additional provisions, deed references, property descrip- tions (ii desired), and description of additional facilities are bereinafter out forths • • i j • • • • • r • 1 1] 0 1 0 1 E Fj MR 575 PAGE 349 This instrument shall bind the parties hereto` their distributees„ persona) representativek successors and assigns, , IN WITNESS WHEREOF. thh instruoat has been duly executed by the GRANTOR (S) and ja the holders of " liest ' WmESSt (sign below) t padh4dud •dLoovk4d• Man* R-•e.Cer- L.S• TAX *;c STATE OF .le w'//K/ ) Mot COUNTY OF �; rA / K/ s ) On this 13 T day of SR -PT 19.� 9 . before me, the subscriber. Personally appeared • �- to me personally known a Anaim to nae to be: the same person (s) desaSbed in and each of whom e:xeculM the within instrument. and daly acknowledged tome that he etecuted the same. i • tic � . I ti�.'� I • HAo +x 'YBL1)o` tiovy P4IK. `Io'r m NOW Ym1 1 STATE OF SS-* R.-.*sv j Cwm •r Ne. 461#75 I • COUNTY OF MNnfun too," j0, Iq � .i on this • day of • 19. , before me. the nrbscrrber. Personally appeared • to me personally known and known to me to be the same person (s) desm'bed In and each of who w.executed the within instruri eny and duly acknowledged to rue that he executed the sam6 • • • NOTARY PUBLIC STATE OF ) SU COUNTY OF ) On this day of 19. . before me. the subtcrsbes. Personally appeared the subscribing witness to the foregoing instrument. to me perponally known who being by nse duly swam did depose and say that he resides at that be knows said , to. be the individa, al (a) descrilmd"K and who executed the foregoing Instrument; that he. the subsm'bing witne ek waspresent and saw hh* execute the same; and that be. said . at the same time subs nibed his name as witness thereto► NOTARY PUBLIC STATE OF COUNTY OF ) On this 'day of .19 , before me per, odao•.Mds• sonally came to me personally known wbo. being by sae duly sworn did depose and uy that he reaida at that be is th& of the caporation acKn-bed in and which executed the above instrument; that he knows the sea of said corporation; that the real sdGxood to Bald Insaument L such cOrpvnte seal; that it was so affixed by order of the Board of Diroetors of said Corporation, and that he signed his name j therm by L'ke order. 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