HomeMy WebLinkAboutBF092187-001 TOW14 OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY
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Property Address (if any): 4 `"
1?�l0 Rd.
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' THIS INDENTURE,tirade this ..1 ��`:. day of».�5. ] ,,.».._......................_......_..., 1995 BETWEEN '
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referred to herein as GRANTOR and the TOWN OF ITHACA,a municipal corporation in the County of l ;
Tompkins, State of New York, hereinafter called GRANTEE or TOWN,acting for and on behalf of the
' NORTHEAST SEWER DISTRICT (Town aC 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 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
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, s
and in further consideration of the covenants herein contained and other good and sufficient consideration, r
receipt whereof is hereby acknowledged,does hereby.grant and convey to said Town,its successor and
assigns forever
:M�A permanent right of way to enter upon, construct, operate, maintain, repair and replace
a sanitary sewer 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 r
which right of way along which said sewer line and appurtenances is to be laid shall be substantially as !
e shown on the attached map of"Easement for Northeast SewDish "made by Lozier Engineers,Ina
March, 199;5,showing the parcel marked Account No.............. Q.-.l.. 127...now owned by the Grantor.
Together with a temporary easement during the period of original construction over so much of the
x o wnees property as may be necessary for men and vehicles while the said sewer main and appurtenances ,
{' are being installed,which temporary easement is also shown on the attached map.'r
} Additional provisions,deed referenoes,property descriptions (if desired) are hereinafter set forth: k`
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The sewer 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 heroin 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 grantors 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 service lateral to such sewer main if it is more feasible and economical to connect with
said sewer main instead of connecting to a different sewer 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 fiorn lien(s)of the easement granted-hereby:
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This instrument shall be binding on the parties hereto.their distributees,personal representatives,sus
cessms and assigns.
{ IN WITNESS WHEREOF,this,instrument has been duly executed by the Grantor(s) and/or the
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holders Of this liem
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•� . Accounf No 4
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70-1-32
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NORTHEAST s�WCQDISTR/C
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` Account Ajo. 70-1-32
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Town of l tho co Toenpkin s Co. A.I.Y,
Lozier En9inears Inc. �2oche.r�"er, AJ.Y.
A D Mlvr.cl� l9CvJ" 13422
LKR460 to 343 s
t%A60 m6F 344 y
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WITNESS: (riga below):
• .• ««». «. « MMNN»M ..... » . « «• .«y »«.»«.h.«»»».L.S.
.......«..............«. .«......«....«...... ....«.......Mw.«.MFIR�S"I"1Vi4"1'1'8' «BANk.......». ..L.S. Q
�D 1JWIAA A tW1f ...L.S.
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«.L.S.
STATE OF NEW YORK
COUNTY OF TOMPKINS: SS.
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On thio...»..»..».... -day of...».M.»». .,IM,before me,the subscriber,personally
»M... M.MMMN.»..h•N«....N..
appeared �
to me personally known and known to me to be the same person(!) described In and who maned the
h within instrument,and he duly acknowledged In that he executed the name.
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.«»M..........«. ............«. ......1... ..».......................
NOTARY PU>LIC
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STATE OF.....««......................
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SS.
COUNTY OF...«..«..»..«..«.......:
On this.......«..«..........day of ...»«......«..« ».»»....»......«...,1905,before me,the subscriber,personally
appeared
to me personally known and known to me to be the same pessm(a) described in and who executed the
within instrument,and he duly acknowledged to me that he executed the some.
� .««..........«......«.. «......NOTARY PUBLIC «..«...... ...... �'
J STATE OF.... ;
IIII COUNTY OF•... ,
'I On this ......... ....... day of .«.. ..,1905 before me,the subscriber,personally
a appeared /• ,
the subscribing witness to the foregoing instn m to me p rsonally h , wh o, ng by me d
:worn,did depose and y th t h at own -i
z v that he knows said r
to be the individuals described its and ho executed the foregoing instrument;that he,the subscribing
witness,was present and saw he execate the some;and that
,_• 1 ,at the ane timeFname as witness thereto.
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... N ARY UBLIC«...«..»..«.....«..«...
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�tT Public, of hew Y� $tate eft
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STATE OF k.... .: 'cern,/:��°earceT theta c7ou
i COUNTY OF';T' : SS• so,»ata'
On this .., :.... ...... day of.. •
»...: , 1985, before me personally came
C to me ally ,beim me ul sworn did depose
r and say that hues eaJt t o 03/� �ij' �- ,Haat
b the ✓.ul f' �••7" of f-•.�•t T. a^e-'1�
the corporation described in and which executed the above Instrument; that he 1mmv: the seal of aid
corporation;that the seal affixed to said Dent is such corporate,seal;that it was so affixed by order
of the Board of Directors of said Corporation,and that he signed his name thereto by like order.
Notary PjjiIjicT%r .^,i;rv
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Qu�Gficd in To Tc►m mrkina f�nnty�
J?Y�,i.�. (, NOTARY PUBLIC
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+ 1 A trw eat►of the eripinel merded on thce� a e14-clay,of
/Q,(o S e� „�„d d e► M.,•
mW accetnhwd. Clerk .