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HomeMy WebLinkAbout70.-1-3 BF096852-001 wrr .r•wMN+rM•rr�aa.•w•wirwr.r•Mrwri•iiwrr�•w....�+M•w•«• i w rhI r- TOWN OF ITHACA,N.Y.—SANITARY SEWER RIGHT OF WAY I Property Address (if any): 3o4 Muriel 3traet P THIS INDENTURE,made this 1.16N.........day of_April..................._...................... INA BETWEEN Donald Earl Ordway and wife. I 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) fI ^ 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, 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 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 Sewer District"made by Lozier Engineers,Inca + March, 1985,showing the parcel marked Account No......7.0-1-3..................now owned by the Grantor. " Together with a temporary easement during the period of original construction over to much of the owner's 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, f Additional provisions,deed references,property descriptions (if desired) are hereinafter set forth: The surtaos shall be restored to substantially the same oon 3i {>, clition as before such work was done, graded and seeded to Omer's $ satisfaction. This restoration shall be a000mplished within thirty (30) days from final day of oonstruotion on the grantors I land. All shrubs and plantings shall be preserved. The sewer pipe and appurtenances constructed on said premises shall remain the property of the Town and g 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 Y right to use and enjoy said premises provided that such use shall not interfere with the construction,main- I 1 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 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 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 fconstitute a release from any such lien(s)of the easement granted hereby: ' Il ►Mtn F This instrument shall be binding on the parties hereto,their distributees,personal representatives,sue. Casson and assigns. 4' IN WITNESS WHEREOF,this instrument has been duly executed by the Grantor(s) and/or the j holden of this lien. a� 11 A89 PAGE 252 WITNESS: (sign below): J. .x . ?. I.S. STATE OF NEW YORK s COUNTY OF TOMPKINS: SS. On this...»....»»._..».»day of...»..........................»........»..»..,1985,bekre me,the subscriber,penooally appeared a to me personally known and known to me to be the same person(s) described in and who encored the i within instrument,and he duly acknowledged to me that he executed the same. ` e � i ...»..»..»...............NOTARY PUBLIC..»......»......».......» � +, STATE OF..........................»...s SS. COUNTY OF On this.......»....,.....»...day of...................»......»........»..».......,1985,before me,the subscriber,personally ` appeared + to me personally knows and known to me to be the same person(:) described in and who e:oewted the within instrument,and he duly acknowledged to me that he executed the same. ...............................................».........._................................ NOTARY PUBLIC a STATE OF..... ...... ..... SS. COUNTY OF»r�:... .. on this �o say of.�`:......».... ........ ..,1996,before,me,the:ubscr[be:,permnally appy ..... .. .�.. the subscribingwitness to the in t,to me who, being by me duly foregoing sworn,did depose and say that he reside at -�.t,_�L v that he said Edi ,� o~ to be the individual(s) described in,and who exeoutedforegoing instruneN!that be,the subscribing �Ey3 witness,was present and saw he erxcoute the same;a that he,said at the same a subscribed maim& as witness thereto. C NOTARY PUBLIC CHF.RYI, S. RENINATI Notary Pcb:i' : of New York -.1280 Qualified in 1.-.vipkins Co;nt,� p' STATE OF...................»..........: SS. Term Expires Alakh 30. 14 .A ;> COUNTY OF......................»».: On this day of .., 19%, before me personally came to me personally known who,being by me duly sworn did depose and say that he resides at .that he is the of o. 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 order of the Board of Directors of said Corporation,and that he signed his name thereto by kilo&order. NOTARY PUBLIC `.�N �M. • N... r�Y.WM.MNNY��.NYNNNMNNNMYNNMMy...YY..N1..N.N..�.�1 � s r • -- M USP/6L S TREE T � _ /"),e.o.w corN►T A/o � � -rTY TTT� � • n Late,ylEHf •! i i I • ti I , I , r. AS-E MEAJ T IVo<0THE-A ST SEWfP DIST,P/cT Thry Accounf To w) ��f' l ��ac a To k, Y i Lof er rr,5�'nEers /nc. �oCne5rer, /V.Y ^ QEc9 9 6.6 icer. LIBER 469 PACE 253 ._._ ;. A two copy of tM original recorded on the 3/"'� daY of �Jr6 7 oO'Za 9,Q cy dddg .,Mend examined. ./`�' &�CV1erk t