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HomeMy WebLinkAboutLetter to Mayor 1-17-2010.PDFThe Hon. Jim Gilnrore 836 Hanshaw Road Ithaca, NY 14850-1548 Dear \4r. Mayor, We have been informed by pertaining to our property, Trustees on Jan. 19. I am possible solution. According to records at the Count plan in the late 1920s to provide Although the master plan itself is is reasonable to assume that our p that time, was included in this p side of The Parkway near Northwa as that line was not placed suffici street). The properties north of us the Cayuga Heights Elementary S the Village. Those property owners lines to the edge of their property, Our line, on the other hand, tra before connecting to the public Vi ment that we can find for this exceedingly long line, but we have line has apparently existed in its functional, we discovered the pro We discussed this issue with the V late 2006 and early 2007. His posi because the line is currentlv functi for us to dig a new line to Ttre Park was an ambiguous legal status. We assert that we do have a leeiti the property until the issue is r inappropriate for us to dig a new li Parkway would require a lift pum the 308 wrl and requires electrical power to run 308 The Parkway Ithaca, NY 14850 wagner@cornell.edu 607-257-2135 January 17,2010 llage Attorney that he intends to raise an issue of the Village to describe a Parkway, at the next meeting to provide some background and Clerk's office, the Village createcl a master sewer itary sewer service to properties in the Villaee. ot available according to the Village Engineer, it y, whose boundaries have not changed since . As part of the plan, the properties on the west Road did not connect to the line in The parkwav. Iy deep (it is also located on the east side of the ve lines that join together and run west across I (CHtrS) property under an easement held bv therefore only responsible for maintainins the accord with the usual convention. the CHES property for several hundred feet lines on Upland road, and there is no ease- ing. Thus we seem to be responsibie for this no right to use it or maintain it. Althoush the t location for around 80 years and is perfectly m when we bought the property in 2006, llage Engineer on two or three occasions durins was that we do not have a legitimate concern In particular, he thought it was inappropriateulvubrru ru vvao ru@lJyru}jrrd,uc v and seal off an existing line whose only problem ate concern because do not have clear title to Ived, We do agree, however, that it would be , for several reasons. First, connecting to The which introduces a failure point in the system We feel it is best for everyone involved to have sewer systems be gravity sewer line near The Parkway, it feel that digging a new line would sewer lines be found elsewhere in Before we closed on the property their attorney and were assured be possible. After we closed, howe the New York State Constitution to private property owners such however, grant an easement to has also informed us that they event. We note that while the the entire lifetime of the sewer line adverse possession against a muni We are requesting that the Vill for our line, which we have loc would prefer that the Village mai property, so that we may receive this is not possible) we are willing the Village holds the easement but We understand that the Villase m successors fail to maintain the li written with language that sati is to obtain clear title to the o are willing to be flexible in pursuit We are hopeful that this issue coming summer. If we can be of using the email address or phone n cc: Trustees of the Village of Cay Village Attorney Village Engineer whenever possible. Second, given the age of the wise not to disturb it needlessly. Finally, we set a poor precedent should other undocumented e Village. we consulted the Ithaca Citv School Board and at a sewer easement from the School to us would , they found that they lacked the authority under the Education statute to grant such an easement ourselves without a voter referendum. They can, Village without a referendum. The School Board Id prefer the Village hold the easement in any Board has apparently owned the property for it is nearly impossible for private citizens to take pal agency. accept a sewer easement from the School Board and placed on a survey at our expense. We n the portion of the line that runs over CHES milar treatment to the properties north of us. If enter into an agreement with the Village wherein we are obligated to maintain the line. be concerned about what happens should our We are confident that an agreement can be ily addresses this concern. Our main obiective ty in the most reasonable way possible, and we this goal. be resolved before The Parkway is repaved,this assistance, please do not hesitate to contact us mber above. Sincerely yours, Aaron and Jasmine Wagner Heights