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HomeMy WebLinkAboutBF093220-001 TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY pmperty Address (if any); 807 Mitchell Streets Ithaca, New York THIS INDENTURE,made this.....15.:!!1......day of....... ......................................19.66......XIM BETWEEN- RAYMOND V. tir.MMINI and DORIS S. IirM'tINGs husband and wifes of fxdtx>iCdtlaltwxandx:axYsrx 807 Mitchell Streets Ithacan New York e ` referred to herein as GRANTOR and the TOWN OF 1TIIACA, a municipal corporation in the County of Tompkins. State of New York, hereinafter called GRANTEE or TOWN,acting for and on behalf of the 1ppEAXSiit}(RRvpj6 'K? i�6i41iXdf?�i +l� F:LLIS FIOLLO1:J pOAn ST'+1CR DISTRIc,r (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 r 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 p' ! and to said Grantor as a result of stabiliiaition 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 h 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 � abntax�oosiditstxttsabiedna�agosaof�uceaet�tx6ox�trca�uxo�rc�etitilf�tasat�t�b�sc>sootlac�la[ptt �ac Wxmkxli911{5cxdtwa tielhncpsrtortmohedAcwmktbexxxxxxxxxxxxxxxxrnrxsaserdclrpCNN)ktmatr. described below. 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 1 are being installed,which temporary easement shall be t h e i minimum amount required for this purnose and shall be defined as se l forth belaw. Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: l The sewer line shall enter grantor's property from the southerly bo d- ` ary thereof and run in a direct line northerly to Mitchell Street@ e easement hereby ,ranted is 10 feet in width, namely S feet on either side of the center line of the sewer line as laid. The center line of 1 the sewer line shall run ten feet westerly from and parallel to the i easterly line of the Grantor's east boundary line. In order to mark the limit of the temporary easement, the grantee will construct a temporary "snow" fence to the west of the location of n� the sewer line. The Grantee agrees to connly with the renuirements of the attache letter dated March 491966 from the Grantor to T"r. William R. Kerr, . Sunervisor. A.L The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and punder its control and supervision,but the Grantor reserves the underlying fee title to.said property covered 1 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 sold right of way.,The Town,whenever any M work h 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 eonnect his sewer service lateral to such sewer main if it is more feasible and economical to connect with aid 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 premier shall aw&% me a release from any such lien(s)of the easement granted hereby: j 1%instrument shall be binding on the parties hereto,their distributees,personal representatives,suc- i J censors and assigns. IN WITNESS WHEREOF,this kwtrument has been duly executed by the Grantor(s) and/or the IMP of this lien._ , { qAM CA ugER462 purr. 35S WITNESS: (dp below)_ 1 ................ ... .S. ................_.....»...................»........ -A 0 ��..»NEM�iiN �' l t» i.ic-ls. PL.s. s .'i'H'ERMIN��� .................................................»..................M._.....» ...............».».. ......................................... .. ....L.S. ....................................... ..........................»:..............L.S. ...........................»...........................................................LS. STATE OF NEW YORK = . SS COUNTY OF TOgMPKINS: ,/ On this.....1. .. ` .day of........A.�►�.d.............19.663mmef.me,the subscriber,personally appeared RAYMOND V. HEMMING to me personally known and known to me to be the same person(s) described in and who executed the within inst uinent,and he duly acknowledged to me that bQ ecuted the same. Nolan lot—, i :r!.. ,, ...... � ..�»i[.......yi err ......................... r, ., ;.I ,, `'°�i NOTARY' STATE OF.. NEAJ YORK....= / COUNTY OF.TOMP.KIM..... SS. On this.J.*_!:�z.......day of !'.L�..........�:�.�.�....,8966,before me,the subscriber,personally appeared DORIS S. HDMMTNr, to me personally known and known to me to be the same person(s) described in and who executed the W"inrtmmnenl,and he duty acla�ged to me that ted the same. n vary►' 7ai»t ..:• Da.Y•L lti, > .... .. ....»............. .. ....... . ........................... / .. NOTARY PUB C i • i ' r • ..r•«.ww.��r�•�r..w.ww.. ........ w.•wNw........w.w•.............«..u•. wwwRwwwvvv � Oxy y h, F' Ad.:l .1I- 'a+:sC7.:. ...- - A `...Y �lL.:.+.e.w'Y.ena+I.ir.I,s...G..:.t G.YLc..... �'T',,.:anti^—Mw.►...— N..r. ah. Mir t�j 1t� •+ A r0� �a Ju.�� r gym•: 807 Kitchell Street Ithaca, low York 14850 3.,: Marek i, 1966 Krs Wiilia%1. xasx y Supervisor' ` Town of Ithaca 1'•�.�.,1 3�y��6 Ithaca WIN York 'gleet A conference was held at our rosidanco at 807 Mtchoii Street, Vedaeaday. noraingt batch Z, 1956,.with?:4cors. O'Eryle (Losier Cospattyr) and Allen (Uhite Nurseries)` to discuss the request of the Tawe of Ithaca for an eaacmont across our property at Sol Kitchell Street. The purpose of this lettar is to infarct you that, if we should grant the ease- out requootod, in addition to a cwilete restoration of our property to its original condition follocrlag the direing of the ditch and the ecopletion of the now sawor ` project therein, we will also re uiro as a condition of this easemats 1. Spacial attention=at be giti-en to the protection of a large black thorn tree situated in close proximity to the line of the proposed sower. .Zs Spiraaa bushes tow locatod on the north aide of our property shall be removed ` and replaced with forsythia plantings as recw=acad by Wbite Nurseries. m f 8. Preliminary to actual diZSina, several small Scotch pines located on the J *authors end of our property stall be rawwd and protected until replanted by said ( White Nuraorioo as rec6o::r+cn&3d by thus. 4. Finished grade of tra area I=diatoly south of our present southern line (approxi=ting t'.o'd!atance of 60 feat on lands tow,evned by the Ithaca rioard of Education) r shall be such to influence a definite drainajs of water to a stream at the southern mot part of this land. In this gowral arca praaont undarbrueh growth will be removed end stro=shall be ditched to insure a future flow of run-off water to avoid passage over tale area. 5s Itinhol• to be constructed in the savor ling near septhers and of our property shall bo not less than 1 foot balaw'graas level adjacent to.tais area and shall be covered with topsoil and reseeded with entire Iowa to eliminate any unsightly appearance �y oa this portion of our lawns 6s Stow fonts& shall bo erected on either Woof propeaed ditching area to minimiwa dem3a to troos, shrubbery& and to control blowing 6f dust frox piled dirt resulting from excavating works 7. Ditching area shall be brov3ht up to aaifora level of entire taws area to eliainate atW"valleys" that slight result frost sottldfig of dirt replaced to cover savor pipe treaahe 8. U at any time in the future it beoca>was necessary to"opea.we any portion of f= we pr*misee to facilitate the mainton=ca/repairs of the sewer line, it is expressly a$soed to and understood that the prcwziaas will be restored to its otAginal aonditioo< .wholly at do espew of the Loom of Ithaca. Very i rag *as ism Ve bwoo ms Villins 1s O'Daylel bavid.Allem g, D. iryast y is ,359 i • � z �i A torte aM of the ervow rreerded go the 9 - ~ /D,`�S rem M.,.�a RA%00' " exendn.d. Clerk