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HomeMy WebLinkAbout63.-1-3 BF093106-001 r TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY Property Address (if any): Property location: 30th March THIS INDENTURE,made this........................day of................................................UA6...,:kM BETWEEN COFNFLL UNIVERSITY, a New York corporations organized and existing, under the laws of the State of New York$ having, its principal office at Day liall in the City of Ithaca$ New Yorks pt 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 1=UHMS3IXS=MT'�,CSM19TXQtf UX6fXX)MXX ELLIS 1IOLL0-1 FORD SrWFR ISTRICT (Town of Ithaca) WITNESSETIi: WHEREAS said Town is about to construct a system of sanitary sewers or extensions k 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 anti assigns forever:A permanent right of way to enter upon, construct, operate, maintain, repair and replace I` 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 tt6tWXptotgp X9wxMaQ't1*=SxW&XZKM1t"made by Lozier Engineers,Inc. *1ops*gctMxshowing the parcel marked Account No..4.s.-t..-.3...............now owned by the Grantor. j 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 anti appurtenances aro being installed,which temporary easement*x*I aksWWx:oxA14x*kXls0ab=8P-shall be the minimum amount required for this purpose. :> Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: The attached map$ referred to above$ is datedv,,.� 1966, bearing, file no. %-ba The property covered by this easement is a portion of the premises conveyed to Cornell University by deed recorded in Liber tZ of Deeds, page Ate, in the Tompkins County Clerk's Office. 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,rnain- tenunce,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 1 ' 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 from any such lien(s)of the easement granted hereby: i x This instrument shill be binding on the parties hereto,their distributees,Personal representatives,esentatives,suc- cessors and assigns. a IN WITNESS WHEREOF,this instrument has�`bm duly executed by the Crantor(s) and/or the holden of this lien. LIBER 4 V 2 PAGE 93 { • •' • �1��46� y4 WITNESS. (sign below): Mum U!tIYE*FSITY...............................L.S. -M _1_/4- U-6-14 .......L.S. ..................................._....................... f ......»..._..»...V:��.»:::...:.:t.:".::.... s............................L.S. .......»....»............»..........................................................L.S. ..............»... ..»»........................................................L.S. STATE OF NEW YORK SS COUNTY OF TOMPKINS: ' On this......................day of......»...»..»................................1985,before me,the subscriber,personally appeared O to me Personally bmwo and known to me to be the same person(a) described in and who executed the g within instrument,and he duly acknowledged to me that be executed the same. s ............................ ............................................................... NOTARY PUBLIC STATE OF...»..»....................... COUNTY OF S'' On this...»..».........».»'.(layof........................... 1985 before me t ••••• ••� be subscriber,personally appeared to ma personally ltmowm and latovn to me to be the mune person(a) described in and who executed the within instrument,and he duly acknowledged to me that he executed the same. .............................................................................................. NOTARY PUBLIC STATE OF..........»..................: COUNTY OF...........................: SS. On this...............................day of .......................................1985,before me,the subscriber,personally appeared the subscribing witness to the foregoing instrument,to me personally known, who, being by me duly sworn,did depose and say that he resides at that he knows said 0 to be the individual(s) described in,and who executed the foregoing instrument;that he,the subscribing witness,was present and saw he execute the same;and that he,said at the same time subscribed name as witness thereto. .......»..»................................................................................... NOTARY PUBLIC STATE OF.....111:N YbPK . w. COUNTY OF ,�...PK7Yd'�....: SS. r On this 3.00.................day of Wch.................................... 1fN i before me personally came 5� John E. Burton to me personally known who,being by me duly sworn did depose and say that he resides at Ithaca, New York ,that he is the Vice President-Business of COP MLL UNIVERSITY the corporation described in and which executed the above Instrument; that he knows the seal of said j :; '•_"as� ;�,�orporation;that the seal affixed to said Instrument is such corporate seal;that it was so affixed by order �:: '• a ,tof the Board t "W s of sad Corporation,and that he signed his name thereto by like Order. st�sls ' int . },a`. r, ..r. �� �i..... ......:.:L.p.................. ." j ,' ti,,:• , r,... , , OfN ARY PUBLIC ..,(.oyty • Cy w� � y � lac Kj ,��..�;,Q 4.9.'50' ' TS• a p 5 01, W Q Z r. oil 3 GVW Z I Z V xt v i 4 - PRGWERr y L INE 1 � 1 I � � iE I„ EASEMENT rO BE ACOU/RED . BY THE rOWN of /MACH TOMPK/NS COUNTY,New YORK STALE ot LOWER ENGINEERS INC. ROCHESTER,NEw YORK SCALE:/"�50' MARCH/966 (�5 108 No. IJOP-3 USER462 PACE FILE No. IJ844 P A true copy of tho original roeordod on th day ofalt. L JyeG at 3,/Q Wzx,and oxominod. Clerk i I'