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HomeMy WebLinkAboutBF092398-001 • °z LIGE R 460 rAcf 742 TOWN OF ITHACA,N.Y.-SANITARY SEWER RIGHT OF WAY Property Address (if any): 10 Muriel Street in the Town of Ithaca, County of Tompkins and State of New York THIS INDENTURE,made this.......lst.........day'of....................9� Y........... ............. 1986 BETWEEN ROBERT Me ADAMS and JANET Me ADAMS, husband and wife, residing at t` 10 Muriel Street, Ithaca, New York, 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 q 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 protdrtion 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 t' a sanitary sewer pipe line and appurtenances across or upon the lands of the Crantor.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 Lozier Engineers,Inc. March, 1965,showing the parcel marked Account No...711..121.....................now owned by the Crantor. a Together with a temporary easement during the period of original construction over so much of the owners 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. Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: The sewer line shall run approximately 20 feet westerly of the 24•inah hickory trees The Town of Ithaca agrees that the said 24•inch hickory tree will be preserved. i . Y4 SFr The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and , i 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 tight 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 prdmices to substantially the same condition as before such work was done,without expense to the owner.The owner shall be piermitted to connect his sewer service lateral to such sewer main if it is more feasible and economical to connect with i said sewer main instead of connecting to a different sewer main in an adjoining highway. The execution of this instr dent by a party holding the following Hen(s)on the above premises ihall constitute.a release from any such hens)of the easement granted hereby: This instrument shall be binding on the parties hereto,their distributees,personal representatives,suc- MUM and assigns. IN WITNESS WHEREOF,this hao m mt has been duly executed by the Grantor(s) and/or the holders of this lim t� i .............. ..............,...................................._ ................ ................................... .........., } :I ..._...._...._._----__.._._._.,.�...._.._..,_ ._......_.....,.........._..._._.__.•/302-� S TPP-£7" 4 /i cow. Nae j,� N -1cc0cop?t A/d. v 70 /0 Te►"PorOr v I ?D Pern�or� n' • f�vsemen I� k . Easen��nt a NORTH EA5 r SEWER 'DIS -PIC T Th r u = Towh o7r /ihocq To mpkIns Co. lV � Loafer E'ngi'ne,-rs /roc �'oa6esty- N.Y I ...��_.. � LIBER460 PAGE 743 " LIsER460 PAGE. "144 W NESS: (dgn ): .. ,.. l .. . . . ................... "`R�OBERT...M'''AZy' 1S... ..............................L.S. .............................L.S. ............... ...................................................................... ........................ ..........................................................L.S. ............... ........................................................................L.S. ........ ..............»....................................................... ..L.S. STATE OF NEW YORK COUNTY OF TOMPYINS: SS. On this........................day of...................................................1985,before me,the subscriber,personally appeared ROBERT M. ADAMS O. to me personally known and known to me to be the same person(s) described in and who executed the i e within Instrument and he duly acknowledged to me that he executed the same. ............................................................................................. NOTARY PUBLIC STATE OF MEW... COUNTY OF TOMPKINS....... SS. On this........................day of...................................................1985,before me,the subscriber,personally appeared JANET M. ADAMS to me personally known and known to me to be the same persons) described in and who executed the within instrument,and he duly acknowledged to me that he executed the same. f ' ............................NOTARY PUBLIC.............................. STATE OF Art'191K = SS. COUNTY OF.....T.M.K.01 >f on this.......2.L8t..............day of......D8.C.OM OIr..............1985,before me,the subscriber,personally . appeared CHERYL So RENI NATI the subscribing witness,'to the foregoing instrument,to me personally known, who, being by me duly sworn,did depose and say thatdw resides at R.D. #19 Spencers New York t thatshe knows said ROBERT M• ADAMS and JANET M. ADAMS to be the individual(s).described in,and who ekecuted the foregoing instrument;thafsshe,the subscribing witness,was present and saw he execute the same;and thaBhe,said CHERYL S. BENINATI at the same tim bscribed name as witness thereto. NOTA PUBLIC . STATE OF................ , ..........: A trw copy of tho anginal roeeedod on 0 ,Z ZkT dap ei n at . 0 Ndae1C M.,awl oxaminod. Clark