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HomeMy WebLinkAbout07-14-14 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, July 14, 2014, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. A enda 1. Additions or Deletions to Agenda (Items 1 -5: 15 min.) 2. Mayor's Communications 3. Communications and Hearinas from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Parks Commission Recommendations Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 6.1 April 8, 2013 Regular Meeting Minutes 6.2 April 22, 2013 Regular Meeting Minutes 6.3 June 3, 2013 Regular Meeting Minutes 6.4 June 23, 2014 Regular Meeting Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildinas, Properties. Refuse and Transit A. Approval of Dryden Road Parking Garage for the Public Art Commission's Mural and Street Art Program — Resolution 8.2 Highways. Streets and Sidewalks 8.3 Parking and Traffic 8.4 Creeks, Bridges and Parks A. Approval of Installation of Sculptural Bench in Titus Triangle Park — Resolution 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Request for Credit for Road Repair at 105 Cascadilla Park Road 9.2 Carey Building Renovations Discussion 9.3 Conveyance of City Land to Sciencenter 9.4 Mixed -use Development Proposed for 323 Taughannock Boulevard 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Notes for BPW Agenda, July 14, 2014 Parks Commission Recommendations The Parks Commission has reviewed a couple of requests and provided recommendations to the Board. 8.1A Approval of Dryden Road Parking Garage for the Public Art Commission's Mural and Street Art Proaram — Resolution The Public Art Commission would like to include the Dryden Road Parking Garage in the list of locations authorized for potential murals. Their recommendation and additional information is included for the Board's review. 8.4A Approval of Installation of Sculptural Bench in Titus Triangle Park — Resolution The Planning Department received a request to donate a sculptural bench for display on city property, preferably a waterfront location. The Public Art Commission has reviewed the request and provided a recommendation to the Board. 9.1 Request for Credit for Road Repair at 105 Cascadilla Park Road Margherita Fabrizio has submitted a request to the Board for a credit for the work she and her husband did on Cascadilla Park Road when they rebuilt their driveway. Please see her letter. Ms. Fabrizio will be at the meeting to answer questions. 9.2 Carey Buildina Renovations Discussion The owners of the Carey Building (AKA Mayer's Smoke Shop) are planning to begin renovations. They will present their plan for the deliveries and staging for the renovations. 9.3 Conveyance of City Land to Sciencenter The Sciencenter wishes to exercise an option listed in its current lease of adjacent city property to purchase the parcel it utilizes for its mini golf course. Assistant City Attorney Jared Pittman has provided a memo and proposed bargain and sale deed. 9.4 Mixed -use Development Proposed for 323 Taughannock Boulevard Noah Demarest has submitted a proposal for a mixed -use development at 323 Taughannock Boulevard. He will make a short presentation to the Board. Mchae�J. Thorm, P.E. .skper�wtev�devit of PkbUr, works J kl u :LO, 2024 Page 2 CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607 - 274 -6550 Community Development/IURA – 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org Fax: 607 - 274 -6558 Fax: 607 - 274 -6558 TO: Board of Public Works FROM: Megan Wilson, Planner DATE: July 8, 2014 RE: Parks Commission Recommendations to BPW The City of Ithaca Parks Commission met on July 8, 2014 and discussed the proposed Stewart Park Playground and the proposal for face painting in City parks. They have provided their recommendations below for the Board's review. Proposed Stewart Park Playground Rick Manning, Scott Wiggins, and representatives from Play by Design and Must Have Play presented the conceptual plan for the new Stewart Park Playground to the Commission. Commission members identified concerns related to drainage and parking within the park that the project team will address as plans develop further. While no quorum was present, those members in attendance were supportive of the conceptual plan for the new playground. Proposal for Face Painting in City Parks The Commission discussed a request from a local artist to provide face painting in City parks over the summer months. The initial request indicated that the artist would charge for face painting, and Commission members believe that a vendor fee should be associated with any for -profit activity in City parks. Commission members noted that insurance should be provided by the individual to cover this activity. While no quorum was present, those members in attendance were supportive of the proposal for face painting in City parks, provided that the artist provide proof of insurance and obtain an appropriate permit (with accompanying fee). The Commission raised a general question regarding the extent of the City's responsibility for checking the backgrounds of those receiving permits to provide services on City property, particularly those who work with children. In lieu of an actual background check, it was suggested that parental consent could be required for minors. Additionally, the Commission discussed that permit and fee systems have been established for the use of City parkland. In order for these systems to be effective and provide the intended public benefit, the Commission requested that appropriate staff resources be devoted to monitoring and enforcement. If you have any questions or comments, please contact me at 274 -6560 or mwilson @ cityofithaca.org. 8.1A Approval of Dryden Road Parking Garage for the Public Art Commission's Mural and Street Art Program — Resolution WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces — buildings, facilities, and infrastructure — and to review development proposals for decorative elements in the city's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several City -owned sites, including the Green Street and Seneca Street Parking Garages, for inclusion on the list of potential sites in the City of Ithaca Public Art Commission's Mural and Street Art Program by resolution on May 19, 2010, and WHEREAS, as a result of this approval, the PAC has worked with nearly 50 artists to install murals on City -owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, Parking Director Frank Nagy attended the PAC meeting on June 25, 2014 and asked the PAC to consider murals for the Dryden Road Parking Garage to brighten up the area and deter graffiti, and WHEREAS, the PAC determined that the Dryden Road Parking Garage would be an ideal location for future murals and would like to seek mural proposals for the garage upon Board of Public Works approval of the location; now, therefore, be it RESOLVED, That the Board of Public Works approves the City's Dryden Road Parking Garage for inclusion on the list of potential sites for the PAC's Mural and Street Art Program; and be it further RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and /or business and neighborhood associations for each specific project, and be it further RESOLVED, That the PAC will work with the City Attorney to ensure that any mural, Request for Proposals, or contract with a participating artist reflects and accommodates the needs and constraints of the City. Page 3 CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607 - 274 -6550 Community Development/IURA – 607 - 274 -6559 Email: dgnmder@cityofithaca.org Email: iura @cityofithaca.org Fax: 607 -274 -6558 Fax: 607 - 274 -6558 TO: Board of Public Works FROM: Megan Wilson, Planner DATE: July 7, 2014 RE: Public Art Commission Request for Approval of the Dryden Road Parking Garage as a Location for Future Murals In 2010, the City of Ithaca Public Art Commission (PAC) created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work. As part of this program, the PAC requested pre - approval of various City -owned sites for murals, and at its meeting on May 19, 2010, the Board of Public Works approved the following as sites for potential murals: • Walls in the City Garages on Green St. and Seneca St. • Retaining Wall along Ithaca Hotel Site (for temporary image) • DPW facilities next to the Sciencenter and across the street from Sciencenter • Municipal Electrical boxes throughout the City • Retaining Walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek) Most of the murals created as part of the PAC's Mural and Street Art Program have been painted on these pre- approved sites, and the program has been incredibly successful. At its June 25, 2014 meeting, Parking Director Frank Nagy asked the PAC to consider murals for the Dryden Road Parking Garage, noting that lively murals will brighten the garage and deter graffiti on recently- painted walls. The PAC would now like to seek mural proposals for the Dryden Road Parking Garage and is requesting BPW approval of this location as a site for future murals. Attached are photos of several walls within the garage that could serve as potential locations. If you have any questions or comments, please contact me at 274 -6560 or mwilson%@cityofithaca.org. Dryden Road Garage Photos EMINNIWI-. Dryden Road Garage Photos 8.4A Approval of Installation of Sculptural Bench in Titus Triangle Park — Resolution WHEREAS, Katie MacDonald and Kyle Schumann would like to donate a sculptural bench, titled "Lightwave ", to the City for the use of and enjoyment by the community, and WHEREAS, the bench's design was inspired by waves and a waterfront location would be preferred for the installation, and WHEREAS, on June 25, 2014, the Public Art Commission unanimously recommended that the City accept the donation for installation in an appropriate City park, as identified by the Parks Commission, and WHEREAS, the Parks Commission reviewed the request at its meeting on July 8, 2014, and, while a quorum was not present, those members in attendance unanimously recommended that the City accept the donation of the sculptural bench and that the bench be installed in Titus Triangle Park, adjacent to the recently re -built ramp to Six Mile Creek, and WHEREAS, the sculptural bench would be transported by Ms. MacDonald and Mr. Schumann and installed on sidewalk remnants provided by the City, now, therefore, be it RESOLVED, That the Board of Public Works accepts the donation of the sculptural bench "Lightwave" to be installed in Titus Triangle Park for community use; and be it further RESOLVED, That the sculptural bench may be installed upon the execution of an agreement with the City as reviewed by the City Attorney. Page 4 CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607- 274 -6550 Community Development/IURA — 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org Fax: 607 - 274 -6558 Fax: 607 - 274 -6558 TO: Board of Public Works FROM: Megan Wilson, Planner DATE: July 8, 2014 RE: Request to Donate a Sculptural Bench to the City Planning staff was recently contacted with a request to donate a sculptural bench, titled "Lightwave," to the City. The bench (additional information attached) was created by Katie MacDonald and Kyle Schumann and has been temporarily sited next to the Foundry and Milstein Hall on the Cornell campus. Ms. MacDonald and Mr. Schumann would like to donate the bench so that it will be permanently sited in the city. While they did not specify a location, they noted that the bench is inspired by waves so they would prefer a waterfront location. The proposed donation was presented to the Public Art Commission (PAC) on June 25, 2014, and the PAC unanimously recommended that the City accept the donation for installation in an appropriate City park, as identified by the Parks Commission. At its meeting on July 8, 2014, the Parks Commission reviewed the request and, while a quorum was not present, those members in attendance unanimously recommended that the City, accept the donation of the sculptural bench and that the bench be installed in Titus Triangle Park, adjacent to the recently re -built ramp to Six Mile Creek. While the Parks Commission is supportive of the donation, there were some concerns over maintenance of the bench. Members identified several points that should be addressed in an agreement between Ms. MacDonald, Mr. Schumann and the City before the piece is installed. Specifically, the Parks Commission would like the agreement to clearly indicate that the full ownership of the bench transfers to the City upon donation, and the City may maintain, move, or remove the bench as it deems necessary. If you have any questions or comments, please contact me at 274 -6560 or mwilson@cityofithaca.org. 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Z Z C W �u W U m vfct--"`' J LU ca L D L; Li Q � � Z _ <IXt� Z <.y C) W -J Oz Zz m O Ica= Cr }-. a- 0 U') 0 W Q LJ.: Lu } J Z�' W Z LLI ' Ln J Z L�IyJ LL W1 /� IX Q .wr 4 U- r^ C zz L Ln C SJJ J i ,.1 Q. LL J Z {n Z Ci Ltj � t W � � COL W LL Cn 0 0 ♦JJ C z �- �- c_^. < 'Ln J y, © W Co Q Ui J z u. (.Dn 4.L � �Vcr- ULL.0 an �2: �w�7- J Ix j L� p W IX U1 C:) W LL O a - i1 O S Z Q O C9 N W 0 TO: The Board of Public Works FROM: Margherita Fabrizio,105 Cascadilla Park Road DATE: July 8, 2014 RE: Request for agenda item for meeting on July 14 I would like to request discussion of credit for a road repair which involved a replacement of a road gutter at 105 Cascadilla Park Road. The asphalt- over - broken - concrete gutter was in disrepair for years and caused bottoming out of many vehicles entering and exiting our driveway. Numerous calls to DPW confirmed no staff were available to make this repair though it was the city's responsibility. The driveway butts directly against the gutter; there is no apron. Homeowners made the repair after getting proper DIG NY clearance. Said homeowners requesting consideration of credit for this road repair either through credit toward annual sidewalk fee or another mechanism. Photographs will be available at the meeting. Thank you for your consideration. ►J CONSTRUCTION Carey Building Renovation /Addition Logistics Plan Narrative: • The existing parking lot to the North of the building will be fenced off to define the crane pad area • Deliveries by semi -truck will be by using the left lane of the road to the North, with vehicle safety cones to define the short one -lane truck pull -off • Flag persons will be utilized to assist in directing traffic safely around delivery vehicles and temporary obstructions due to construction • The existing parking are to the North of the Carey Building is assumed to require adequate road plate to accommodate the required crane to feed the building process safely • Scaffolding will be utilized on both East and West sides of the building to allow for construction of the exterior walls and envelope finish systems • All scaffolding will be netted to protect pedestrians and vehicles in the immediate vicinity from any potential falling objects • The South wall of the existing building will have scaffolding installed with two pedestrian entrances, covered with double layers of planking with a single layer of 3/4" plywood between them as fall protection • The existing parking spaces in the front of the Carey Building will be taken out of public service for safety reasons and small delivery options • Pedestrian traffic headed West, will be rerouted to the opposite side of the street if possible • Access into both existing businesses will be by way of covered pedestrian walkway tunnels from the street to the front doors • The crane will remain on site through the structural and envelop completion phases of approximately 6 months • Once the envelope is complete, including skin, windows, roofing and mechanical equipment set on the roof, the crane and perimeter scaffolding will able to be removed • Any restorations of perimeter areas affected by the construction process will be restored once the scaffolding and crane /crane pad are safely removed • Street parking at the South of the building will remain for deliveries of all finish materials to the new construction areas throughout the remaining construction process i» ly 7, 2014 Page 1 CONSTRUMON FHA •• r '�` �� e� 5UOINE55 REMAINS OPEN Xv Y . METERED PARKING E EXISTING CONDITIONS 0.30.20'14 FIRE HYDRANT THIS IS A WORK IN PROGRESS. DETAILS ARE STILL EVOLVING Wile� fJ _c . 'J 777 REMAINS 4�®rOPEN ONE WAY LOT EXIT PEDE07TRIAN PROTECTION 6.30.20'14 CONSTRUMON JI 1 1� +fit a r EGRE55 FOR HOMESPUN. EGRE55 FOR r "OLD GOAT" PEDESTRIAN PROTECTION N z ----- y� 4 PROTECTION D ETA I L5 60.30.2014 v. Alur CONSTRUMON THERE MAY 13E TIME5 THAT WE NEED TO DIVERT PEDE5TRIAN5 ACRO55 THE 5TREET AND CONE OFF THE METERED LARKING 5POT5 IMMEDIATELY IN FRONT OF BUILDING. THIS IS A WORK IN PROGRESS. DETAILS ARE STILL EVOLVING DECK: 2 LAYER5 OF FLANKING WITH PLYWOOD BETWEEN CONSTRUMON i PMESTRLAY - W T7-�Wf DETOUR EXCEPT FOR STORE ACCESS J 51TE ENA13LING 6.30.2014 low CLOSED r imo.l kv-11 - C3 OVERHEAD PROTECTION FOR EXISTING TENANTS SIGINAGE TO MERGE TRAFFIC AT UNLOAD ZONE SUPPORT NEEDED FOR CRANE - TBD PEDESTRIAN DETOUR SIGNAGE AT SIDEWALK Wir 11ATERtAL STAGENG E-ARLYXIORNING PICK ZONE I TO LIMIT �-, INTERFERENCE Sir Cl NO P kKING - SAFE TI ZON -(Y �v -t PEDESTRIAN .DETOI'Rv-.- 4W q6 EXCEPT FOR STORE ACCE55 DURING SOME OVERHEAD ACTIVITY To: From: Date: Subject: CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -6590 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Robert A. Sarachan, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM Board of Public Works Jared Pittman, Assistant City Attorney July 9, 2014 Conveyance of City Land to Sciencenter Pursuant to 1993 Lease and Grant of Easement on Adjacent City Land Telephone: 607/274 -6504 Fax: 607/274 -6507 On August 6, 1993, the City entered into a twenty -year lease with the organization now known as Sciencenter Discovery Museum ( "Sciencenter ") for the parcel of land located at 601 First Street, on which the Sciencenter building was subsequently built. The Sciencenter now seeks to exercise the option to buy the parcel granted to it in the lease, and also requests that the City grant the Sciencenter an easement for the portion of the City land bordering the parcel on the east, onto which the Sciencenter's miniature golf course has extended for some time. With regard to the exercise of the option under the 1993 lease, the lease required that the Sciencenter make certain rental payments to the City that would also reduce the cost of the purchase option. The City Controller has confirmed that all payments due under the lease have been made, and as a result the Sciencenter may exercise the option for no additional cost. The easement sought by the Sciencenter is approximately twelve feet wide and 230 feet long, as reflected on the attached survey. The easement is non - transferable without the City's consent, and the Sciencenter has agreed to indemnify the City for any claims arising from its use of the land and to maintain liability insurance adequate to protect the City's interests. The Sciencenter has previously installed and maintained improvements on City land (such as installation and operation of lighting, benches, trash and dog waste receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net present value of the license fees that the City would charge to grant a license to use the area in question. Accordingly, there is a reasonable basis to conclude that the City has received fair value in exchange for granting the easement. The attached bargain sale and deed would both convey the parcel of land subject to the lease still owned by the City, and also grant the easement described above. BARGAIN & SALE DEED with Covenant Against Grantor's Acts THIS INDENTURE is made the day of , in the year Two Thousand Fourteen, between City of Ithaca, a municipal corporation existing under the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850, the Grantor, and Sciencenter Discovery Museum, an education corporation duly chartered and validly existing pursuant to the laws of the State of New York, with offices at 601 First Street, Ithaca, New York 14850, the Grantee. WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00), lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby remise, release and quitclaim unto the Grantee, its successors and assigns forever, ALL THAT PARCEL OF LAND DESCRIBED IN THE ATTACHED SCHEDULE A TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee and its successors and assigns forever. AND the Grantor COVENANTS that the Grantor has not done or suffered anything whereby the said property has been encumbered in any way whatsoever, except as aforesaid. AND the Grantor, in compliance with Section 13 of the Lien Law, COVENANTS that the Grantor will receive the consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first written above. City of Ithaca IN PRESENCE OF By: L.S. Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the day of , in the year 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Svante L. Myrick, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of whom the individual acted, executed the instrument. Notary Public RMSciencenter -City OFirsdt BS.ded 6/27/14 -Page 1 - SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: BEGINNING at the intersection of the northerly line of Franklin Street with the easterly line of First Street; thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a distance of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New York State Route 13; thence North 41 degrees 40 minutes 00 seconds East along the southerly line ofNew York State Route 13 a distance of 194.61 feet to a point; thence South 48 degrees 20 minutes 00 seconds East along a westerly boundary of premises reputedly now or formerly of Sciencenter Discovery Museum (formerly known as Sciencenter, Inc.), hereinafter referred to as "Sciencenter" (788/5) a distance of 62.01 feet to a point; thence South 41 degrees 40 minutes 00 seconds West along a northerly boundary of said Sciencenter premises a distance of 76.10 feet to a point; thence South 30 degrees 45 minutes 00 seconds East along a westerly boundary of said Sciencenter premises a distance of 218.62 feet to a point in the northerly line of Franklin Street; thence South 58 degrees 54 minutes 43 seconds West along the northerly line of Franklin Street a distance of 130.70 feet to the point of beginning, containing 0.887 acre of land. SUBJECT TO and TOGETHER WITH rights of ingress and egress in common with the aforementioned Sciencenter parcel (adjoining the above - described premises on the east) for vehicular and pedestrian traffic and parking. TOGETHER WITH an easement in gross hereby granted by the grantor to the grantee, said easement to be non - transferable and non - assignable without the grantor's written consent, and subject to the grantee's agreement to (i) indemnify and hold the grantor harmless from any claims, damages, or judgments arising from the grantee's use of the land, and (ii) carry adequate liability insurance to protect the grantor's interests, for the operation of a mini -golf course and other activities related to the grantee's purposes, over and across the following tract or parcel of land as shown in cross - hatching on the below - referenced survey map: Beginning at a point in the southerly highway line ofNew York State Route 13, which point is located the following courses and distances from the intersection of the easterly line of First Street with the northerly line of Franklin Street: thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a distance of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New York State Route 13; thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 194.61 feet to a point; ROSciencenter -City Wirsdt BS.ded 6/27/14 - Page 2 - thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 90.38 feet to a point; thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 12.59 feet to a point; thence South 30 degrees 45 minutes 17 seconds East a distance of 232.20 feet to a point; thence South 59 degrees 14 minutes 43 seconds West a distance of 12.00 feet to a point in the easterly boundary of aforementioned premises reputedly now or formerly of Sciencenter (788/5); thence North 30 degrees 45 minutes 17 seconds West along said easterly boundary of said Sciencenter premises a distance of 228.40 feet to the point of beginning of this easement area, containing 2,744 square feet of land. SUBJECT TO- Utility easements and rights -of -way of record. 2. A permanent easement hereby granted to the City of Ithaca for purposes of construction and maintenance of a sewer line and water main, said easement being located southerly of New York State Route 13 and measuring forty (40) feet in width from the southerly street line of New York State Route 13. The grantee shall not locate buildings or extensive site development features such as sidewalks, mounded tree lawns, or rock gardens over the location of this permanent easement. 3. The following restrictions: a. If, during a period of fifty (50) years from January 1, 1992, the grantee intends to sell the above - described premises, the grantee shall first offer the premises to the City of Ithaca for the then- appraised value of the premises, including improvements located thereon. The procedure for this shall be that the grantee would notify the City of its intention to sell the property. The City would then have the right, within a period of forty-five (45) days after receiving such notification, to notify the grantee that it wished to have the premises appraised. The grantee and the City would agree on an appraiser to appraise the premises. In the event that the parties were unable to agree on such an appraiser, that issue would be resolved by arbitration. The cost of the appraisal shall be split equally between the grantee and the City. Within forty-five (45) days after the appraisal is completed, the City would have the option of purchasing the premises for the then - appraised value. If the City notified the grantee that it wished to exercise such option, the parties would immediately enter into an agreement for the City to purchase the property at that price, with the closing to take place within three (3) months after the signing of the contract. If the City notified the grantee that it wished to have such an appraisal done but did not exercise its option to purchase the premises for the then - appraised value, and the grantee thereafter received a bona fide offer to purchase the premises which the grantee intended to accept, the City would have the right of first refusal to acquire the property under the terms of that offer. The City would have forty-five (45) days after receipt by it of a copy of said bona fide offer and notice that the grantee intended to accept said offer to exercise its right of first refusal. If the grantee advised the City that it intended to sell the premises and the city chose not to have the premises appraised (with the City being REISciencenter -City OFirsdSt BS.ded 6/27/14 - Page 3 - responsible for one -half of the cost of the appraisal), the City's right of first refusal would automatically be deemed waived. b. If, during a period of fifty (50) years from January 1, 1992, the grantee sold the premises and did not within one (1) year from the date of sale open a new, comparable science center at some other location within the City, the City would have the option of purchasing the premises at the then- appraised value of the land alone, excluding any improvements placed on the premises. The value of the land would be determined by an appraisal as provided above. In determining whether the new science center was a comparable science center, the following factors would be considered: i. The comparative sizes of the Sciencenter on the subject premises and the new science center; ii. The comparative scope of activity of the Sciencenter on the subject premises and the new science center; iii. The activities actually undertaken by the Sciencenter on the subject premises and the new science center; iv. The value of the improvements on the subject premises and the value of the improvements to be used for the new science center; and V. Whether the new science center was the primary location of the Sciencenter as opposed to a satellite science center. C. Any buildings constructed on the subject premises shall not exceed forty (40) feet in height as such terms are currently defined in Section 325 -3 of the City of Ithaca Municipal Code, "Height of Buildings" (previously Section 30.3(b)(47) of the prior City of Ithaca Municipal Code). d. If, during a period of fifty (50) years from January 1, 1992, at any time after the construction of the Sciencenter on the premises, there should be any significant exterior renovations to the buildings on the premises, the plans for such exterior renovations shall be subject to the approval of the City of Ithaca. The above - described premises were previously leased to the grantee by the grantor pursuant to a Lease dated August 6, 1993, which lease contained an option for the grantee to purchase the premises. That option was exercised, with the grantee having paid all rent and the full purchase price specified under said option, resulting in this deed. The above - described premises are SHOWN on a survey map entitled "Survey Map No. 0 First Street City of Ithaca, Tompkins County, New York," prepared by T.G. Miller Associates, P.C., Engineers and Surveyors, dated June 18, 2013, which map is incorporated herein by reference and intended to be filed concurrently herewith. BEING a portion of the same premises conveyed to the City of Ithaca by Warranty Deed of Mary E. Turner, Samuel B. Turner and Ebenezer T. Turner dated June 28, 1895 and recorded in said Clerk's Office on July 5, 1895 in Liber 144 of Deeds at page 316. REISciencenter -City WirsdSt BS. ded 6/27/14 - Page 4 - Said premises are located on First Street, Ithaca, New York 14850 and are currently designated as City of Ithaca tax parcel number 25.- 2 -1.2. RMSciencenter -City Wirsdt BS.ded 6/27/14 - Page 5 - LEGEND A— COMPUTED POINT ,:• —PIN SET WITH CAI — UTARY POLE b —FIRE HYDRANT 13 UTE A Rp rgD T DFT 49.57 Yp RK(3 S�D1a �. NEW NOTE: INCLUDE a SUBJECT m R1GMS of OGRES AND EWESS SNARED IN COMMON FOR WFACUTAR AND REDESIR14N TRAFFIO AND AWKM . FRANKLIN STREET F___ s1REET IKJE_ TITLE IArWJ%AfAJJUff CHY OF RFMCA P/0 DEED BOOK 144 P" .316 TAX AMP At& 25 -2-1.2 AREA- 0.887 ACRES WE FOUND - alO' SYY AND U% FOUND MR' WYY OF /' S'LY AND CORNER 7.3' EYY DF COMER MAP REFERENCE: 1.) 'SURVEY MAP BLOCK 21. CRY OF M IDA FOMPIONS COUNTY. NY BATm PER, 7. 1091 BY T.G. HALER P.C. 0 CERTIFICATION cnY of nXWA ffMV A URGM RENEIM AGENCY SCIENCENIER DISCOVERY MUSU "MOM GaDENNOs AFRAW AND MEDWGR =by.— O M ad land survayar, Now York SYots LPoense No.05=3, and that this map comictly deNnsatss an actual survey on the ground made by ms or under My direct supervision and that l found no vbWe sneroachrnmda s@her Way across pmpwW into except as shown hereon. rr °RS --iMR $1p� "�' � C IN, SIGNED: DATED: .AIt Ln- '-t1MO i°A s i•iio a aRO tx o fAB aril% Ott tARneR i awnse ANe -1�A TITLE: SURVEY MAP SHOWING LANDS TO BE CONVEYED BY THE REVOM CITY OF ITHACA TO T. G. MILUR P.C. SCIENCENTER DISCOVERY MUSEUM ENMOM AM SURVERYaMS 20 NORM A1ROM UMM N9rX NEW YDNSE ,ALSO TEL t —e"r LOCATED ON FRANKLIN do FIRST STREET CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK � 8/18/2013 �E' +•�0' 513284 7/10/2014 323 Taughannock Blvd Noah Demarest [noah @streamcolab.com] 323 Taughannock Blvd Sent: Thursday, July 10, 2014 8:32 AM To: Kathy Gehring Categories: BPW Attachments:2013032 - 323 Taughannock —1.pdf (345 KB) ; 2013032 - 323 Taughannock —2.pdf (478 KB) Kathy, Attached please find the property survey and proposed sketch site plan that we submitted to the planning board for the proposed mixed -use development at 323 Taughannock Blvd. We would like to have an initial conversation with the BPW about the improvements and additional parking that would be created on the city owned land. We are looking for feedback at this point and will plan to return at a later date with a more finalized site plan for approval Thank you, Noah NOAH DEMAREST RA, RLA, LEED AP STREAM COLLABORATIVE architecture + landscape architecture dpc office: 607.216.8802 ceU: 607.262.0305 www.streamcolab.com https :l /maii.c!Wthaca.org /0wal?ae= Item& t -- IPM. Note& id= RgAAAADGOvZ6b7°/a 2bAR5W4Xwz9pRD3BwAXB %2fWMihMbRYW%2frnTtl POBAAAAx4lAAAXB... 1/1 Nlll>OI�IAp.11M < YpnNl plt. It] i�y�n�uld•ca/Ym- yk�o�ny�pYOeybM W 's ' Yt '- 2, A'. 1 I I I - ,z$SSf Seoul I Jeans N416 G m I ma], j .fen.] I y . srr6a6E I's JB9.41 I I 1 �` T. G. !•ge mN P.Y. �i T55 73 eA+.c1s No s9Nnone JJII11 V 9®6x61,e91aA IaMll PB ASOCKIM (R.DJ 618x1 la x666 ltll 877/748 1 Seem <,Tgg42 .g - uf.,6E � LEGEND OVERHEAD NOMS Q . R"F'I �_ 1 I. ir a . 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