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HomeMy WebLinkAboutBF172441-001 TOWN OF ITHACA, N.Y.—SANITARY SEWER AND/OR WATERMAIN RIGHT OF WAY Property Address (if any): Z 5,7 Z>v,,„v e;- „� p zr^` THIS INDENTURE, made this _______________�.____ day of ........................ 19 BETWEEN 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 and/or water mains or extensions thereof, which by reason of topography and grades in certain locations must depart from established highways in order to render proper 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 and/or water main line or lines must cross or encroach 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 and/or water main pipe line and appurtenances 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 and/or water line and appurtenances is to be laid shall be substantially as shown on File No. 14 70 q/ ,S r, i i✓o- 6 �3 y �ii�'= Lo r Grantor. 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 and/or water main and appurtenances are being installed, which temporary easement is also shown on File No. Additional provisions, deed references,property descriptions (if desired) are hereinafter set forth: The sewer and/or water pipe and appurtenances constructed on said premises 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, 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 con- struction, maintenance, operation or repair of, or cause injury or damage to,the 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, will restore the surface of said premises to substantially the same condition as before such work was done, without expense to the owner. The owner shall be permitted to connect his sewer and/or water service lateral to such sewer and/or water main if it is more feasible and economical to connect with the sewer and/or water main instead of connecting to a different sewer and/or water main in an adjoining highway. 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, suc- cessors and assigns. IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the holders of this lien. WITNESS: (sign below): ^�_�� ------���'���'�.—.--��������/�� .............. . ----1- —'!�������-'��������_----.]L.S. -------.--------------------.---------' -------_.--.-_---_----------'-----'-'—..I..S. .--.-----.----_----_-_.-------__I^S. �_���'���_ ����_�_��L.S' STATE OF NEW YORK SS COUNTY OFIUMOPKINS: ' On this ------------------------ day of ----------------------------------------------------- l0 ' before me, the subscriber, personally xpyouroo to mo personally known and known toouotnbethe same person(o) described in and who executed the Z� within ioobumeoL' and boduly acknowledged toounthat he executed the ou000 � ---'—'-----''---------------------- NOIABY PUBLIC STATE 0F � ---'--------- SS. CODNTYOF -----------� 0utbis -----_—.- duvof -----.-------.-----_., lQ ` before me, the subscriber, personally Q appeared to mo personally known and known to ozo to be the xunuo person(s) described in and who executed the within instrument, and he dn|v acknowledged to me that he ozoonto6 the xuouu. ZU ----------------- ---------------------------------------------------------------------- —'' NOTADY PUBLIC --'--- OF SS.7 �Do8do --//' ----- 6uv of ~, l07qbefore me, the subscriber, personally >� appearedCn ` Xz the subscribin- witness to the foreg�-A�gtrument, to me personall��*own,;&-=e*ngby me duly sworn, did depose and say that he resides at that be knows said C) to be the individual(s) described in, and who executed the foregoing instrument; that be, the subscribing witness, was present and xu`v he execute the xuzoo; and that he, said o , at the same time subscribed ounoe as n/itu000 tbocohu. -------' ------------' NOTARY PUBLIC EDWARD L. LJER6EN Notary Public,State of New Yorl; No- 55-0254000 Qualified in Tompkins County STATE OF � --r--^ ^~~^`" ^"' 19V- COUNTY SS. Term OF —_--. ---------------- On ----_� Outhi ------------------------------- day of ------------------------------------------------------------- 10 ' before zuo personally cuozo to me personally known who, being by om duly sworn did depose and say that 6oresides at , that he is the of 00 t6ocorporation described iuand which executed the above luoLrnouuut; that be knows the seal of said corporation; that the xoul affixed to said Iuxtnuuoot is such corporate mou{; that itwas so affixed by order 0 U of the Board ofDirectors ofsaid Corporation, and that bo signed his uuzno thereto 6vlike order. -----'-------------'--------------''