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HomeMy WebLinkAboutBF172536-001E A S E M E N T TOWN OF ITHACA SANITARY SEWER IMPROVEMENT SEWER MAIN PROJECT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address • A) 244 Sapsucker [woods -.Road.,- Ithaca, NY ,14850 CB) 246_Sapsucker Tgoods Road Ithaca NY 14850 Town of Ithaca Tax Parcel Number: - t - m, 7.2 B) 73-1-6 THIS INDENTURE, made as of theI�day of December , 19 95 , BETWEEN: STEPHEN P. LUCENTE of 981 Taughannock Blvdy, Ithaca, N.Y. 14850 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, its successors and assigns, 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 WHER AS, the GRANTOR is the owner or has an interest in real proerty n said TOWN where the sewer line or lines must cross or encfoach 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, 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 following lien(s) on the above premises shall constitute a release from any such lien(s) of the easement granted hereby: 1 T :0 a Said easement to be 20 feet in width along its entire length, (as granted herein and its continuation through lands of Rocco Lucente by easement granted concurrently herewith) the center line of which is described as follows: Beginning at a point in the southerly line of Lot No. 7 of Sanctuary Woods Subdivision, which point is 22.78 feet easterly from the southwesterly corner of said Lot No. 7; proceeding thence North 290 30' 50" West, a distance of 37.33 feet to a point in the West line of said Lot No. 7, which point is northerly along said West line a distance of 29.57 feet from the southwest corner thereof, all as more particularly shown on the sketch attached hereto. V f\ 0 a Said easement to be 20 feet in width along its entire length, (as granted herein and its continuation through lands of Rocco Lucente by easement granted concurrently herewith) the center line of which is described as follows: Beginning at a point in the southerly line of Lot No. 7 of Sanctuary Woods Subdivision, which point is 22.78 feet easterly from the southwesterly corner of said Lot No. 7; proceeding thence North 290 30' 50" West, a distance of 37.33 feet to a point in the West line of said Lot No. 7, which point is northerly along said West line a distance of 29.57 feet from the southwest corner thereof, all as more particularly shown on the sketch attached hereto. V f\ s EASEMENT -- Town of Ithaca Sewer Improvement See description attached. 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 construction, maintenance, operation or repair of, or cause injury or damage to, the sewer main or other facilities or appurtenances. The GRANTEE will restrict its operations to the minimum feasible width for said right-of-way. Whenever any work is done 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 substantially 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 Seneca Street, Ithaca, New York, immediately following any such damage or failure to restore the property. Additional provisions, deed references, property descriptions (if desired), and descriptions of additional facilities are hereinafter set forth: None. This instrument shall bind 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. 2 J WITNESS: (sign below): ............................................................................. STATE OF NEW Ynnx . STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: --- .... !. -,7.z.z .........1 "'P . L'(j�NTE By Rocco P. Lucent , Attorney-In-Fac- ........................................................................................I .......................................................................................I ......................................................... -....1 On this_k(" day of December, 1995 before me came ROCCO P. LUCENTE, to menown, and known to me to be the individual who executed the foregoing instrument, and known to me to be the individual described in and appointed attorney-in-fact by a certain Power of Attorney executed by STEPHEN P. LUCENTE, bearing the date the 22nd day of Nobember, 1995, which Power of Attorney is being recorded in the Office of the Clerk of the County of Tompkins concurrently herewith, and acknowledged that he executed the foregoing instrument as the act of said STEPHEN P. LUCENTE and as his attorney-in-fact, and the said ROCCO P. LUCENTE acknowledged to me that the Power of Attorney has not been revoked by the death of said STEPHEN P. LUCENTE or otherwise, an it is in full force and effect. �� n /11 1641;_'rJa' r OTARY LIC i)j?VIDiT". Notaq Public. =t-:.wYr_r% No r�'Li aii�f;3C: iCl '; ''t '.-_,•.: �"/ t 1 t �V� V�/ ......................... SS. COUNTY OF ............................: On this ................................ day of ........................................... 19 , before me, the subscriber, persona >• appeared Cn w 1n the subscribing witness to the foregoing instrument, to me personally known, who, being by me di o sworn, did depose and say that he resides at that ho knows said o, to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribi witness, was present and saw he execute the same; and that he, said �W at the same time subscribed name as witness thereto. ............................................................................................ NOTARY PUBLIC STATEOF ................................ SS. COUNTY OF ............................: On this ................................ day of ........................................................... 19 , before me personally cat to me personally known who, being by me duly sworn did dept c and say that he resides at that is the of QQ� o the corporation described in and which executed the above Instrument; that he knows the seal of sa Ovcorporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by ord U of lain Board of Directois of said Corimm(ion, and that he signed his name thereto by like order. ............................ NOTARY PUBLIC