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TOWN OF ITHACA, N.Y'.-- DRAINAGE - STORM SEWER RIGHT OF WAY
THIS INDENTURE made this' grid day of January , 1972, betwee
Lagrand E. Chase Cis
with office a w
mexic&kxg at - ; Ithaca, New York
hereinafter referred tows Grantor, and THE TOWN OF ITHACA, a
Municipal Corporation in the County of Tompkins and State of New
York, hereinafter referred to as Grantee or Town.
WITNESSETH: WHEREAS, said Town is about to construct storm sewers
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
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
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 the
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.
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 approximatel
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:
135 Simsbury Drive; Ithaca, New York'
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
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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WITNESS: (sign below):
STATE OF NEW YORK
SS.
COUNTY OF TOMPKINS:
.....................L.S.
L.S.
L.S.
................................... L.S.
On this ........................ day of..................................................1 1965, before me, the subscriber, personally
appeared
to me personally known and known to me to be the same person (s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
..............................................................................................
NOTARY PUBLIC
STATEOF ................................. SS.
COUNTY OF ............................:
On this ........................ day of ................................................... 1965, before me, the subscriber, personally
appeared
to me personally known and known to me to be the same person (s) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same.
--•........................... .......... ..•---------------...........................
NOTARY PUBLIC
STATE OF ..Aleut.Yox-k...........: SS.
COUNTY OF Tompkins........
pki........
1971
On this ................................ day of ...............................•..••-...•. , lam, before me' the subscriber, personally
a peared
p Walter J. Schwan
the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly
sworn, did depose and say that he resides at
that he knows said Lagrand E. Chase
to be the individual (s) described in, and who executed the foregoing instrument; that he, the subscribing
witness, was present and saw he execute the same; and that he, said Walter J. Schwan
, at the same time subscribed name as witness thereto.
.............................................•---.......---.....................................
NOTARY PUBLIC
STATE OF NEW YORK
COUNTY OF fibs f'7��N......... SS.
19721
On this ......2nd ................. day of --..-......--_---..---.January.......---._.... ? before me personally came
LAGRAND E. CHASE, tome personally known who, being by me duly sworn did depose
and say that he resides at Ithaca, New York , that he
is the President of Lagrand E.Chase Co.,Inc.,
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
of the Board of Directors of said Corporation, and that hs ned his name thereto by like order.
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Ott,- r -� 4 NOTARY PUBLIC