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HomeMy WebLinkAboutBF092190-001 TOWN OF ITHACA,N.Y.4ANITARY SEWER RIGHT OF WAY Property Address (if any): THIS INDENTURE,made this.... ........day of..........nl.!%.................................... 1905 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 NORTHEAST SEWER DISTRICT (Town of 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, 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 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 of"Easement for Northeast Sewer District!made by Lazier Engineers,Inc. March,1965,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 neoessary for men and vehicles while the said sewer main and appurtenances are being installed,which temporary easement is also shown on the attached map. Additional provisions,deed referenoes,property descriptions (if desired) are hereinafter set forth: 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 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 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 liens)on the bove premises shall constitute a release from any such lien(s)of the easement granted hereby: 0 4-717 i This instrument shall be binding on the parties hereto,their distributees,personal representatives,sue- oessors and assigns. IN WITNESS WHEREOF,this instrument has bee+nr�duly executed by the Crantor(s) and/or the holders of this lien. fMQF TO Ltj Aceount No. 70-11•:0 k p QQ a pl. Hia Pe-rnaneh •. Easernant � � `` Sqn sewer � �—� �•� 4f��k i-'�'+lai''"�••`rh ani v�. {�r:�A•..�• +�..1✓r��tA .�t'rrw '','•.►.�w'.,.��>S. .:.N i'ti..r':� _ ,.F. EA S E MEW T' waRrHEA57 ' sEWE)e D1sTPXr A ceovnt No. 70 ut T`awn of I tho co Torr►pkin s Co. Al. f iheert /nc, ,Qochett�r� /t.1.Y �. L OZ/�'i' Eh ,eco/C I � I344 3 ' r i Morc+h��96.S" .K 1. WITNESS: (sign below): • . /MIR •�+..M..«T•.... .• « .�..M.N.w1 ww.�• .. «..« «w..'�I.t« «.� .«LW. ..•..i•.w���lf11J.•.�1�[.i1 � ........................................... »w» ..�Si:Uu:il iRUJI ....w...L.S. ! ......«.............« ..L.S. i STATE OF NEW•YORK : COUNTY OF TOMPKINSs ' f On this........................day of.......w.........www...w.».....«......»...,1985,before me,the subscriber,Personally apP�� to me personally known and known to me to be the Blame person(s) described in and who executed the j within instrument,and he duly acknowledged to me that he executed the arae. i _ 1 ...»..«.«.... ..«..«NOTARYPUBLIC«..».»..............«...... STATE OF................................ SS. COUNTY OF.»....w..»...............s �i On this......................day of.......»...........................«..........,1995,before me,the subscriber,persoi appeared j to me personally known and known to me to be the same persons) described in and who executed the within inatsvmm%and he duly aclmoMledged to me that he executed the same i ..«.........«..«....»«.................»......».............«.................... NOTARY PUBLIC STATE OF SS. 4 COUNTY OF .... On this.. .......1...........«...day of.. .• ... ....................1985,before me,the subscriber,personally appeared . �.�. in inattum to tw known,.who being by d the subscribing witness to the foregoing eM, personally sworn,did depose and ay that he resides at#,1 Qtr.. that he knows said D, U a^CA to be the individual(s who g instrument;that he,the subscribing witness,was present and saw he execute the same;and th he,aid at the same time su name as wi a thereto. ...... .. ...NOTARYBLIC. .. .«.... ... ....«... Q dAMN V. auyoucotl !laird Public, eS of York r STATE OF «.,.....: SSI Qualified In Tum,; s county COUNTY OF...il ..S Term Expire Mai ch 90. On 7_ ...day of .. 1985 before me personally came e personally lad wn)�rho,bei%g by me u sworn did depose at /f�+ -/°dam`''+i y, ?(/w- ,that he and say that he resi�d�at/i�#o�T .�c.,.,.s/ -^� is.the VAI/°.re+�ecs«�'` of the the said 3 abov Instrumen tlyEt the corporation described in and which executed the 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 he signed his name thereto by like order. f FLRA E. Notary PuObk. State SotONaw York �. .....Gc.•«..«V:..............«......«..... ... 12 8236925 /, '«fits t S ExMarch 30, 19j" 460 PAC, Vn PUBLIC tm copy of tM.riois�al ra.,dad aw the /s�/r' der of -Ins at oZ,; &�X� I 0 a iiWW .,and""remind. Clerk