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HomeMy WebLinkAboutBF092203-001 i TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY f Property Address (if any): a 131 MAN 5t, THIS INDENTURE,.made this....... .........day of...L.�.i1oZ*..........»......................»......., 1805 BETWEEN kwr 1x11�On 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, f. I 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, receiptwhereof is hereby acknowledged,8d,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 er Dhtr "made by Lozier Engineers,Inc. March, 1985,showing the parcel marked Account No. .�1.�..... ........now owned by the Grantor. Together with,a temporary easement during the period of original construction over so much of the ovt% a property as may be necessary for men and vehicles while the said sewer main and appurtenances i an being installed,which temporary easement Is also shown on the attached map. A j Additional provisions,deed referenom,property descriptions (d desired) are hereinafter set forth: k The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and h y 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- y 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 f 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 psrmitted to connect his sewer service lateral to such sewer main ti 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 Hen(s) bo"pratnises shall . constitute a release from any such lien(s)of the easement granted hereby& o a s, • 'n This instrument shall be binding on the parties hereto,their dbtributees,personal representatives,suo• a tenors and"signs.' 4' • 3 It'. f; IN WITNESS WHEREOF,this instrument has been'duly executedby the Grantors) and/or the y holder of this lino. 4 1 � • _.�_.......�......_. ___- _._ __�. ...r. /302.2 j pp ' ' 20�Tempo r � 1 /oil 20'Perm onent RIEL , .J., j,�'41. ..It?1+� 'y�w..�N... .�1�:+rrr+w�l�4�ii►�r.�.,•,1f �� ,� � � I� • .0ow i oCA S EMEN T IVORTHE45 T scwc.Q ols rex r. ' Thru i �q cc oc/n ' IVo. ?O 11"S4 . Town of 1th4Co Tompkins Co, N,Y C osier Enylneer$ Inc, RoCAllCS)AC ' AJ,Y, �.A.l>. Mo�eh� /96 S' 40/es I�• SOS /3406 :.. Lin 460 PACE 392 r WITNW: (sign below)i •�4. .... ..,. ...111«:C. w . .. ........ ..........L.S. ^ , ....................».........................»w r; 1 cess eM STATE OF NEW YORK {, COUNTY OF TOMPKINS: On this.. da of..».»»w»w.. 1995,before me,the subscriber,penooakky } appeared ` to me personally known and known to me to be the same IP n (s) described in and who executed the I within instrument,and he duly acknowledged to me that he emecuted the sam& j e _'y ......................................... ........ ...».w»»......»......... � f NOTARY PUBLIC» X' 1 I z STATE OF.................... ..........s . COUNTY OF On this.........................day ........................................»..... ... of ..,1985,before me,the subscriber,penorsally appeared to me personally known and known to we to be the same persons) described in and who executed the '`fwithin instrument,and he d acknowledged,. my to me that he escecvted the same. ' 4 ` 1 ...... ............................................. .r»«n.........r»......... • NOTARY PUBLIC STATE OF...�« COUNTY OF On this.......... day of ..... .«....,1995,before me,the subscriber,personally �'• I p appeared �/,c,(,�e,,;,. �, � the subscribingwitness to the foregoing oeegoing�satnmsent,to me pen ally knoWns, who, being,by me 111 sworn,did depose and sa that he resides 42- �(ow-/3� _ 34. that he knows said 1 1 . N' to be the individual(s)desmIlpO in,and who executed the foregoing instrument;that he,the Out— witness, n * witness,was present and aw the same;and that he,said � l 0 at the same time subscribed some as witness thereto. ... .................• .............»..». ... i N Y PUBLIC r ;•' JAKM V. UUYuucna XOW7 Public,State of New York No. WV5.1 i r Qutltned to Tern :•�a Glst(rv� STATE OF raDtra March so, ` COUNTY OF. «: l • On ..��"� day of 4..,".LAe_Y::....., 1985,before me personafly came to y own who, Ing by me sworn did depose and sayVtllat resides a yes ;.,,.,_ d ♦ «,-414L ,that be is the P of .,..... I''-►..� 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'ordw 8 of the Board of Directors of said Corporation,and that he signed his name thereto by Iike order. JORN P.McELiGOT Notary Public,State or New York 01 No.687,4111*50 ...»..«,..». .. ....Z.»..».....w.ww , s Oual,in Tompkins Co. Al PUB r r Term 8*ms Muck 30.J9i G A tm espy of'tM*rWnal raaerdad an d le ,R.7a'&Y of 1�K. 6 0�;dQ e►eleRt iN.,.ee 01141011hot Clerk y