HomeMy WebLinkAboutBF092172-001 TOWN OF ITHACA,N.Y.-SANITARY SEWER RIGHT OF WAY
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N NO �61shaw �
THIS INDENTURE,made this........�. . :..day of. .............».... .................... 1985 BETWEEN
Sc har c I,J, 'T3-.;1 r44er
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referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of i
Tompkins, State of New York, hereinafter called GRANTEE or TOWN,acting for and on behalf of the i .
NORTHEAST SEWER DISTRICT (Town of Ithaca)
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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 high-
ways 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
r cross or encroach upon private property for the above reasons,
1
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, j
receipt whereof is hereby acknowledged,does hereby grant and convey to said Town,its successor and
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as
forever:A permanent right of way to enter upon, construct, operate,maintain, repair and replace
a sanitary sewer pipe he and appurtenances across or upon the lands of the Grantor in said Town in s
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 of"Easement for Northeast Sewer District"made by Lozier Engineers,IBM.
March, 1985,showing the parcel marked Account No.........: now owned by the`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 add sewer main and appurtenances
are being installed,which temporary easement is alsoshowp on the attached map.
Additional provisions,deed references„property descriptivm (if desired) are hereinafter set forth:
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The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and k
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 construction,main-
tenance,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,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 Ij
connect his sewer service lateral to such sewer mein If it is more feasible and economical to connect with
said sewer main instead of connecting to a different sewer main in an adjoining Noway.
1 The execution of this instrument by a party holding the following lien(s)on the above promises shall
constitute a release from any such Hen(s)of the easement granted-hereby:.
3
This instrument shall be binding on the parties hereto,their distributees,personal representatives,suo-
censors and assigns.
6
IN WITNESS WHEREOF,this instrument has been duly executed by the Grantors) and/or the
lalders of this Hem =460 297 sr
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WITNESS: (dgm below)_
...........». ....»........................». .........». .»....L.S.
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»»».....»..»..».. ...».........»................. ..........Ls. 5
......».............»........»»......»..........»......................» ...L.S.
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STATE OF NEW YORK s
COUNTY OF TOMPKINS: a.
On this...................»...day of...»......,...........»..».».....».»...»...,190,before me,the subscriber,personally
appeared �r
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o to me personally known and known to me to be the same persons) described in and who executed the
within instrument,and he duly ackmowledged to me that he executed the same.
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NOTARY PUBLIC
STATE OF.......................». ..: SS.
COUNTY OF.......................... R
On this........................day of...............».................................1965,before me,the subscriber,personally
1 appeared
to me personally known and known to ane to be the same persons) described in and who executed the
within instrument,and he duly acknowledged to me that he executed the same.
................................. ................ .................................
NOTARY PUBLIC
STATE OF ... .........; SS.
COUNTY OF
On this............`.........»...•da of... ...................IM,before me,the subscriber,personally
appeared a~a a
the subacribhng witness to the foregoing instrum to me pens ally kno who, ben by. e duly
9 0o�� �.
sworn,did depose say that he resides atilt 41UAA•^4 . 14*
that he knows saidYJ
to be the individuals) described in,and who executed the foregoing trument;that he,th subscribirng
witness,was present and saw he ezecnta the same;and that he,.said
at the same thne bscribed name as witness thereto.
..... ..� t�er+.l........ ..... . ..................................
NOTARY BLIC
JAMN Ndmj ,s ig Yet
SS
' STATE OF............... .............. �aamluledTom►,kMa Co.,t
COUNTY OF...................».......s SS. 'XP=Y.rcb ss,
On this. ............. ....."day of...................................................... personally
....., 1985,before mecame k
to me personally known who,being by me duly sworn did depose
usd say that he resides at ,that he
° is the of
1 Qc 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
$e of the Board of Directors of said Corporation,and that be signed his name thereto by like order.
LIER 460 PAGE. 299
... .»..»..»..»........ ...................................:............
NOTARY PUBLIC
A true espy of tM erWjW uyemdod on the dlay of "Calletr
lgse X do WC104,spud examhuad. s""k