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HomeMy WebLinkAboutSanitary Sewer Easement Survey 12.3.1962a TE M PORARY, RIG11T OF WAY'Q0N9T9t CTION A�,kU MtLOT NO. � 4 THIS AGREEMENT, made the day of March, 1963, by and between WILLIAM E. ARNETT and FRANCES ARNETT, his wife, both residing at 4 Wilton Circle, Town of Rye, New York, party of the first part, and THE TOWN OF RYE, a municipal corporation having its office at No. 10 Pearl Street, Port Chester, New York, party of the second part, W I T N E S S E T H : WHEREAS, the party of the first part is the owner of premises known as 4 Wilton Circle, Port Chester (Town of Rye), New York, and which is also known as Lot 34, Map of Rye Hills, Town of Rye, filed in the Westchester County Clerk's Office, Division of Land Records, as Map No. 7064; and WHEREAS, the party of the second part is engaged in the construction of a sanitary sewage system for that area known as Sewer District No. 9, in which the aforesaid premises owned by the party of the first partlocated, in said Town , of Rye; and WHEREAS, besides and in addition to the acquisition of-eerft!Tl permanent easement o over, in and to -Qvq�(atoxv_e_.� mentioned property owned by the party of the first part(&6or other properties similarly involved in connection with the construction of a sanitary sewage system in Sewer District No. 9 )it will be necessary to obtain certain temporary rights of way for construction purposes in connection with the sanitary sewer system as aforesaid. f , 11 NOW, THEREFORE, in consideration of the premises and the making of the improvements in said Sewer District No. 9, and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties hereto agree as follows: 5- 1. The party of the first part represents that he is the owner of the premises known and designated as Lot 34, Map of Rye Hills, County Clerk's Map No. 7064, situate in the Town of Rye, and which is shown or referred to on the map on the r everse side hereof and which map is hereby incorporated herein by reference and made a part hereof. 2. The party of the first part hereby gives, grants and releases to the�_Party o�%p,,�q cond p rt, its ,agents, successors 4W j5� here and more particularly to and assigns, a temporary easement to enter in and upon the premises`� s`6i'11�6`dlrf �Pagfa of cross, recross and enter in and upon that portion of the premises designated on the attached map which is designated "Temporary Right of Way" for the purpose of occupancy and all other necessary purposes during the couse of construction, laying pipes and performing all work necessary for the construction of the sanitary sewage system hereinabove referred to. This temporary right of way agreement shall terminate upon the completion of the construction of the said sanitary sewage system 61--,1,-_,,6,1-,V1 Ar V 3. It is understood that the party of the second part shV�eMrVhe terrain w -id surfac(�­of the premises affected by this temporary right of way agreement(O nearly as possible)tdits or , igi 6 1 1 state and condition as may have existed prior to the commencement of construction or excavation and pipe -laying work. 4. The party of the first part agrees not to interfere with the right hereby granted to the party of the second part to enter upon and use the lands made subject to this temporary right of way agreement in any way, in order not to delay or otherwise hinder progress of the work. The party of the second part represents that except as hereinabove provided, the use of the dwelling on said -land own -ed -Eby the party..ofthe firstpartwi-il-not bei nn-ece-s�-arily- or un-rea-sonabiyiob8tructed--oT,-,depiiVod- during "the course of the construction work. 5. This agreement and all of its terms, covenants and conditiotrs-shall be binding upon the parties hereto, their legal representatives, distributees, heirs, successors and assigns. V IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused thise presents to be signed by I its proper corporate officer and caused its proper corporate seal to be hereto affixed this day of March, 1963. -2 A —L. S. L. S. /`7�9.v,V,7zy 7 u G ca r X ,;%I, 7,, Lq �--,l o r—,s TLkV1PQR;ARYR1G,"'iT C)F'Vv"AiY LOT NC). 34 dNETT and FRANCE$ ARNETT, hi THIS AGREEMENT * mae the day of March, 196and between WILLIAM E. ARI wife,. botl'..,jj�sidiog at 4 Wilton Circle, Town of Rye, New fork, party of the first part, a, nd THE TOWN OF RYE, a municipal Its office at 114o. 10 Peal Street,. Port Chestert )4w Yexk, party of the second part, WITXE$$ET,T4: WWA-M f mises known as 4 Wilton Circle, Port Chester New York, andwhaAi R Hi s, Town of Rye, filed in the Westchester Cou WHERW* the n the construction of i�� sanitary sewage tow for as sewer District NO. 91 in ned by the party of the first part Is 10 , ed, in said �4nent easemento4er, in and to the above 0 similarly in ved An connection with the i necessary P Zobtain certain temporary rights of of improvements In said Sewer District No. 9, Tot -III M "10=2=1911419 wledvedt the parties hereto agree as follows** I - The party of the Onst part ropresentg-' Rye Hillst County Clerk's Map No. 7064, situate reverse side hareof and Which map Is hereby AlacorT I =e a part 'he "s to t ses described In 4 s designated on the attached map which is designated " emporary poses durino the come of construction, laying pipes and age system hereinabove referred to. This temporary right -4on of the said sanitary sewage system* 3. It is understood that the party the whal cond part sl rest the terrainnd asurface of the premises affected by this temporary right of way agreament 4 -1� possible to its original to d condition as may have existed prior to the �y "I an commencement of m-,nstructtor. or exc , Uon eaid ipe-laying work. The arty of the first ...rt eagrees r. to interfere with the right hereby anted to the party of the second part to enter upon and use the lands uia subject to t' s tem U i way, in order not to delay or otherwise porary right of way agreement i hinder progress of the work. ' e party of the . cond part represents that except as here bove provided, the use of the dwelling t,�v ?f t -he fir, --t na k -will aic)t 'P, �r�lrj� b thz -n .74--r 5 r,;ourse Qf the I Qoas'ixuctivl�'Vork. 5* This a, covenaints and conditions shall Jbe binding upo P hereto* their 1egJY representatives, tri s and assigns. IN W KNESS ereto, have set their hands and seals and caused thise pXXre to be signed by N er corporate seal to be hereto affixed this day of Mar, 19634, Supervisor T 0