HomeMy WebLinkAbout60.-1-6 BF096839-001 •It
TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY
Property Address (if any):
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THIS INDENTURE,made this. "k:S=......day of...'..E.'`�.�O^!�:^.... ....................199BETWEEN
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Gt:o�r1� .�c�efia�
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 f
-IfARYyIE*S'P SEWER DISTRICT (Town of Ithaca)
�Q6A.llowAonWH EA said Town is about to construct s 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 td said Town,its successor and
"signs 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 offigial plana and specifications filed at the office of the Town Clerk,the center line of I
which right of way along which said sewer line and appurtenances is to be laid shall be substantially as
Aimpho loss ShIM142-60 Account Na...... Q.::.� ........now owned by the Grantor.
Together with a temporary easement during the period of original.construction over so much of the
owner's property at may be necessary for men and vehicles while the said sewer main and appurtenances
are being inrtalled,which tempmary easement is do shown on the attached map.
Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth:
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M 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 hereserves the
right to use and enjoy said promises 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 premise,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
sag sewer main instead of connecting to a different tower main in an adjoining highway.
The execution of this instrument by a party holding the following lien(s)on the above premise shall
constitute a release from any such lien(s)of the easement granted hereby:
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This instrument shall be binding on the parties hereto,their distributees,personal representatives,sus
r: owners and assigns.
IN WITNESS WHEREOF,this instrument has been duly Mouted by the Grantor($) and/or the
:; holders of this lien.
469 PAS 224
wrrNESS: (sign below):
WITNESS: (sign below): LBER469 PAGE 22�
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....»»...»..»..»..»..»..»..»..»..».»...»......»..»......»......»..»...L.s.
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i
STATE OF NEW YORK :SS.
COUNTY OF TOMPKINS.
On this.......................day of..............».»»....»..».... ...»».,1995,before me,the subscriber,pe sonaAy
appy
o to me personally bwon and known to me to be the same person(s)described in and who en mted the
within instrument,and he duly admowledged to me that he eIPM Mal ed the same.
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...................................................... ......»..............».....
NOTARY PUBLIC
STATE OF..............................: SS.
COUN'T'Y OF............................:
On this........................day of...........»..........»:........................,1995,before me,the subscriber,Personally
appeared
o to me personally kmovvn and]mown to me to be the same person(:) described in and who executed the
within inshvment,and he duly admowWged to me that he eawcnted the same..
........................... ..............................
NOTARY PUBLIC
STATE OF..New York_.. I'
COUNTY OF....TQUA.&B -4.: ss.
...Febryary„s1967 before me,the subscriber,Personally
Ou this..,..��0.�..»..».......day of .., ,
appeared WILLIAM Re O'B OY LE
the subscribing witness to the foregoing inert,to me personally known, who, being by me duly
sworn,did depose Sad say that he resides at Geneva, New York
h0 ' Peter Kitzberg and Hildegard Kitzberg
to be the iadividud(s)described i%and who executed the foregoing instrument;that he,the subscribing
witness,was present and stir►he execute the same;and that he,said
William Re O'Boyle
at the same thus subscribed name as witness thereto.
...».. .»..» ».. ...»..»................. ..:1....r... ..........
NOTARY PUBLIC
RRYL 3.BENINATI
Notar v u No S t S e of New Ya
SS.
Quali6, in '1„mpkiro Cod
STATE OF..............................: erm hxPires March 30,
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COUNTY OF...........................
:
'
Onthis...............................day of.......»...........»..................................1995,before me personally came
to me personally known who,being by me duly swan did depose
and y that he resides at that he
is the Of
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 etch corporate seal;that it was so affixed by order
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-of the Board of Directors of odd Corporation,avid that he signed his nun thereto by like order.
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A true a"of the W%hwl is d-l ee the 3/�'�' r.r.+ &C.Ierk