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HomeMy WebLinkAbout1974-07-10July 10, 1974 The Lansing Toxin Board met in an Adjourned Meeting as called at the Meeting of July.9th, 1974, to act on'any,busines6 that may come before said board and ho3d a Public Hearing at 8 P.M. to consider Petitions for the Establishment of Lansing Sewer District #4, as advertised. Wesley McDermott Louis Bush Bert Hilliard Edward LaVigne Lee Naegely Robert Williamson Jane C. Bush ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Present Councilman Present Town Atty. Present Clerk Present Visitors: Approximately thirty -five persons in attendance. The Supervisor opened the meeting having the clerk take the Roll Call. -Proof of Notice having been furnished, the Public Hearing to consider Petition for the Establishment of Lansing Sewer District A. was called to order by Supervisor McDermott at 8 P.M. Supervisor McDermott introduced W. Gary Craig, Project Manager of the Pyramid Mall. Mr. Craig reviewed the physical description of proposed Lansing Sewer District #4 and the proposed improvements connected with proposed project. Town Attorney Williamson presented the board with a proposed Agreement between Lansing Water Dist. #1 and John and Sylvia.Hicks, in regard to their request for permission to hook up to Lansing Water Dist. #1. Discussion held by the board. No action taken. Board discussed tax status of the Airport Traffic Control Tower owned by the Federal Goverment, located at the Tompkins County Airport in the Town of Lansing. Following resolution offered: r WHEREAS, Parcel #T -45 1 -53.3 assessed to the County of Tompkins, now owned by the F.A.A. and WHEREAS, the Federal Government is exempt from Special Benefit Districts, including water and sewer districts, now therefore be it RESOLVED, on Motion of Mr. Naegely, seconded by Mr. LaVigne,.that water and sewer charges in the amount of $247.77 be expunged and said parcel shall be placed in the wholly exempt portion of the Assessment Roll. Unanimously carried. RESOLUTION offered by Mr. Bush. Supervisor McDermott explained further the proposalfor the Establishment of Lansing Sewer District A. Supervisor McDermott opened the Hearing to all persons present who wished to be heard. Persons expressing opinions and /or asking questions were: William Whyte, 1 Sun Down Road; Ernest Bans, T31 Cayuga Heights Road; Rita Smidt, 120 Oakcrest Road; Seymour Smidt, 120 Oakcrest Road; Arthur Shull, 110 Highgate Place; Wilmot Irish, 26 Dart Drive; Edward Foss 142 Brookway Drive; Viola Miller, 135 Bush Lane and Joseph Jerry, Attorney for Pyramid Mall. All persons desiring to be heard, having been heard, the Hearing was terminated at 11:10 P.M. The board reviewed the Public Hearing just held and Town Attorney Williamson was requested to read the Order Approving the Establishment of Lansing Sewer District A. Following discussion by the board, the resolution was offered by Councilman Louis Bush, seconded by Councilman Bert Hilliard to Approve the Establishment of Lansing Sewer District A. Said resolution'attached hereto and made a part thereof. Towns Attorney Williamson was requested to read the Order Establishing Lansing Sewer District No. 4. Following discussion by the board, the resolution was offered by Councilman Edward LaVigne, seconded by Councilman Louis Bush to Establish Lansing Sewer District No. 4. Said resolution attached hereto and made a part thereof.. Town Attorney Williamson presented the board with a proposed Agreement between Lansing Water Dist. #1 and John and Sylvia.Hicks, in regard to their request for permission to hook up to Lansing Water Dist. #1. Discussion held by the board. No action taken. Board discussed tax status of the Airport Traffic Control Tower owned by the Federal Goverment, located at the Tompkins County Airport in the Town of Lansing. Following resolution offered: r WHEREAS, Parcel #T -45 1 -53.3 assessed to the County of Tompkins, now owned by the F.A.A. and WHEREAS, the Federal Government is exempt from Special Benefit Districts, including water and sewer districts, now therefore be it RESOLVED, on Motion of Mr. Naegely, seconded by Mr. LaVigne,.that water and sewer charges in the amount of $247.77 be expunged and said parcel shall be placed in the wholly exempt portion of the Assessment Roll. Unanimously carried. RESOLUTION offered by Mr. Bush. Continued July 109 1974 The board discussed the road constructed by George Beckwith, known as Beckwith Lager No action taken, oRDERGF TOWN eoARDSPEC>FVlrr ` cn' tag rice erne we wed. Meeting adjourned 11:+5 P.M. :PLACE OF PUBLIC FiEAARING lk(irwaterline of Nord Triphammer Road a distance of ,ESTABLMHMENT OF LANSING SEWER Dt STRICT ! 901.8 feet more or less to a point; NO.4 ' Running theme S7V :44,W;adiaumceof3N.0feetto At an adjourned'ioeeting of the Town Board,of the an iron pipe:'- Town of Lathing, held at the Town Hall in the Town of Running ing thence S ll° -32' W a distance of 60-07eetto Lensing, County of Tompkins, State o6 New York, on an iron'pipe; the I8th day of June 1974, at 8 p.m. Humpng thence N 77° - 56'E passing through an iron Present: pipe located in the west highway bottxlarS a total Wesley McDermott, Supervsor..., . distance of 538.0 feet to a point in the present LoiMS Bush, Coun:ilman :. ;� centerline of North TriPhammer Road; _ Beit Hilliard, Councilman Running thence S 250 • 20' E along the present ! Ward LaVigne,Coucilman centerline of North Triphammer Road a distance of Lae Naegely, Councilman 504.3 feet to a point; . In the Mitter of Petitions for the'Establishmgit of Running thence N 88° • 20' W passing•thratgh a Pipe the Town of Lansing Sewer District No. 4, in the Town in the west highway boundary a total dhlance of S&3 of Lansing, Tompkins County, New York feet toan iron pipe; • WHEREAS, written petitions dated June 11, 1974, as ' Running thence N 22° - 24' W a distance of 50.0 feet to arcended June 18 ,1974,in due form and containing the anironpipe; < required signatures have been presented to-and filed Running thence S or • 36' W a distance of So.o feet to with the Town Board -of the Town,of Lensing, antrod ipe::' t . Tompkins County, New York, for the establistiniem of Running Owice.N 2r -.241 a distance of 7.48.1 feet.to the Town of Causing Sewer District Nib. 4, and said ' an inn pipe; • ' diffirict isdescribed as follows: ' Running thence S 80° • 55' W a distanceof 282.7ifeet to ALL THAT TRACT' OR PARCEL OF LAND, situate nn trop pipe: i in the Town of Lansing, County of Tompkins, and State Rtmidng thence S 2T • 24' E a distance of 408.5 feet to of New York, bounded and describedas follows:_( an iron pipe in the northerly boundary of Cetherwood BEGINNING at an iron pipe located N72= -94'W0.65 Rte•!, feet from a concrete monument .located' it the Running thence N 88° 55' W along the northerly line - . northwest corn it of Catherwood Road (Deed Book 449, of Calherwood Road a distance of 152 feet to a concrete Page 1005 recorded in Tompkins Caindy: aerk's I Ofiice)•1 - . RunaingtMnceN72 °•.34'Wadistanceoto.65.feettoy . Running thence S to - 29' E ('average bearing) along k i the inn of beginning. the east'boundary of Catherwood marked by a fence, a + WHEREAS. sanitary, sewers and •appurtenances total distancb of 1059.4 feet to an iron pipe located in I shag be installed in acwrdanoe with the specitkations� the northerly highway lire of New York State Route 13. ,prescribed by the Twon of Lathing at the expense Of Running thence S 844 • 46' W'along the northerly the petitioner, as recited in sand pe 4ions . the I . highway line of NYS Route 13 a distance of 259.7 feet to nhndmum amount proposed to be espended is - aconoretemonument; $50.000.00: and - Running thence N 43° -08'W a distance of 46.4 feet to WHEREAS; pursuant to Section 202 of the Town anorxretemonument; Law, the cost of maintenance, repair, and. other Running thence N 41° • 48'W a distance of 71.4 feet to miscellaneous .items% shall be - home by local . a concrete monument: + ' i assessments upon the several lots and parcels of land Rutmiig thence S Bl° -09' W a distance of 281.2 feet to • especially benefitted thereby, as more fully,provided aconcreiemonunem; - bythe' statndesapplyinginsuchrases :anditrshereby Running thence S 9° • 47' E a distance of 59A feel to a ORDERED that a meeting of the Town Board of said concrete.monument, monument being in the nmlherly 'Ibsen of Lansing shall be held in the Town Hag Of the . ; . highway tine of NYS Route 19; i said Town of Lansing, New York, on the 10th day of A"ill thence S 8r - o5' W along the, said July, 1974, at 8 p.m. to consider said petitions and to highway line ofNYS Route 13idistanceof747 .3 feet to hear' all. persons interested in the subject thereof an iron pipe, said pipe being 12 feet east of a'concrete nwmanent located m the northerly highway line; concerning the same and for such other action m the Running thence N 1° : 34' W (average bearing) along, l� pf said Town Board with relation toe premises. afence, atotaldistanceof1146 .7feettoanironpipe; %s ybereono�byoaegoing rderwasdnyputt Runnldg thence N 2° - 00'W (average bearing). along The adoption of the foregoing order was duly pfd to a a fence &W hedgerow a distance of 1,314.2 feet to an i' roil call, the vote was as follows: _ iron pile; I • WsleyMcDermotl, Supervisor, voting Aye Running thence N 1° - at W passing through a pipe I-Olds Bush. Councilman, voting Aye located in the south boundary of Oakcrest Road, i total Bert Hilliard, Councilman, voting Aye .. distance i of ' 200.7 - feet `to a point in the present Ede laVigno. Councilman, voting Aye , centedu o(Oakerest Road; LeeNaegley, Councilman, voting Aye . Runup* thence N 88° - 15' E along the present The order was thereupon declared duly adopted.. centerline of Oakcrest Road a distance of 60.0 feet to a BY ORDER OF Jane C. TOWN BOARD per; I. JareC.Brsh,TownLTerk Running thence S 2° - 43' E- passing through a pipe STATE OF NEW YORK j located in the south hnghwaybbmdarya total distance DOUNTYOFTOMPK INS .f 375 leg to an iron pipe• TOWN OF LANSING Rumddg thence N88 °- 45'Ea distance ofMA fed to as:. anironpipe:.. •L JANE. C. BUSH. Town Clerk of the town of Running thence N r - 43' W a distarxe of L50.0 feet to Lansing, do hereby certify that I have compared the aniron pipe; [preceding order with the original thereof filed in my Ruining thence N 88° • 15' E a distance of 85.9 feet to office in the Town Hall, Town of Lansing. Tompkins m iron pipe; Camty. New York, adopted on the lath day of June. Running thence N 2° - 43', W passing through a pipe,' and that the same is a trim and correct copy of the located in the south, boundary of Oakcrest road a total; whole thereof. _ • - distmxe of 225.0 feet to a point In the present, -IN TESTIMONY WHEREOF, -I have hereunto art centerlineof Oakerest Road; -. _' my hand and affixed the seat said Town the 18111 day. - .. -. Running thence N BT - 54' E along the pe'esmt' of June,1874. oeoterfino of Oakmrst Road a distance of 851.3 feet, Jaen C. Bustin. Tows Clerk. Townof Lensing more or less, to the intersection of the centerlines of June 211, L474 N&AhTripharm erRoadandOakerestRoad;� r 1 1 STATE OF NEW YORK COUNTY OF TOMPKINS ORDER M' :1 :1' ill OF E- DISTRICT on 00 ON 00 on ftft Oft ON Sm Ow WHEREAS, a Petition for the creation of'a Sever District.to be known as the Lansing Sewer District No. 4 of the Town of Lansing.,,Tompkins'County, New York, the said Petition being dated .June 18, 19749 was duly presented to this Town Board, together with necessary map and plan attached thereto and WHEREAS, an Order was duly adopted by the.Town Board on.June 18,,1974. - reciting the filing of said Petition, the improvements proposed, -.the boundaries of the proposed District, and the estimated expense thereof and specifying July 10, 1974, at 8 :00 P.M. as the time and the Lansing.Town H&U'in,.said Town as the place where the said Board would meet to consider.the Petition and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and.published as required by law, and WHEREAS,, a Hearing of the matter was duly held by the Board on the 10th day of July, 1974, commencing at 8:00 P.M. at the Town Hall in.said Town, -and considerable discussion upon the matter having been had, and all persons desiring to be heard, having been duly heard, and various other persons speak- ing in favor of the establishment of the proposed district, the persons speaking in opposition thereto, 'NOW, upon the evidence given upon such hearing and upon motion of Louis Bush, seconded by Bert-Hilliard, it is RESOLVED and DMA that A. The Petition aforesaid is.signed and acknowledged, as required by law, it duly complies with the requirements of ' Section 191 of the Town Law as to sufficiency of.signers.with.respect to the boundaries of the proposed district asi herein approved and it is otherwise sufficient; B. all the property and property owners within the proposed district are benefited thereby, Co all the property and property owners benefited are included within the limits of the proposed district; D. it is in the public interest to grant and hold the relief sought, and it is further RESOLVED and DETERMINED that the establishment of-a sever district as, proposed in said Petition be approved; the improvements- therein mentioned shall be constructed with the supervision of the Town Superintendent of Lansing;. that such district shall be designated and known as Lansing Sever District No. 4 of the Town of Lansing, Tompkins County, New York, and shall be bounded and described as follows: see.Exhibit "A" attached hereto, and lit is further RESOLVED that the proposed,expenses for the formation of Lansing Sewer District No. 4 shall be paid in total by the Petitioners herein; including, 1 1 and appurtenances in .accordance with the requirements of'the Town Superin- tendent of the Town of Lansing and all other costs incurred in the formation of said district, and it is further RESOLVED that this resolution is contingent on execution of Agreement between Town on behalf of Sewer District No.'4, M.P. Catherwood, Karl D. Butler and Mollie E. Butler, copy of which is attached hereto, made a part hereof, on or before July 189 1974',. and it is further RESOLVED that the said Improvements and appurtenances c • • made the said district without cost to the district, and it is further RESOLVED that this resolution, by virtue of the fact of the entire cost is being paid for by Petitioners shall not be filed with the State Department of Audit and Control in Albany, New York. Dated: July 10, 1974 • . ❑ D . • - • ... Councilman .. Councilman Lee Naegely Supervisor Wesley McDermott STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: TOWN OF LANSING ) I, JANE Co BUSH, Town Clerk of the'Town of Lansing, do hereby. certify that the foregoing is a true and correct copy of a resolution duly adopted by the Town Board of the Town of Lansing on the'lOth day of July, 19740 n Jane C. Bush, Town Clerk J� r � � It Il j fI I f; 1) ' ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Lansing, County of Tompkins, and State of New York, bounded and described as follows, BEGINNING at an iron pipe located N 720 - 34' W 0.65 feet from a it concrete monument located at the northwest corner of Catherwood Road (Deed Book 449, Page 1035 recorded in Tompkins County Clerk's Office). } Running thence S 10 - 23' E (average bearing) along the east boundary of Catherwood marked by a fence, a total distance of 1053.4 feet to an iron pipe located in the northerly highway line of New York State Route 13; Running thence S 840 - 46' W along the northerly highway line of ji NYS Route 13 a distance of 259.7 feet to a.concrete monument; Running thence N 430 - 08' W a distance of 46.4 feet to a concrete monument; Running thence N 410 - 48' W a distance of 71.4 feet to a concrete monument; Running thence S 810 - 09' W a distance of 281.2 feet to a concrete I monument; Running thence S 90 - 47' E a distance of 59.4 feet to a concrete monument, monument being in the northerly highway line of NYS Route 13; ii Running thence S 830 - 05' W along the northerly highway line of NYS Route 13 a distance of 747.3 feet to an iron pipe, said pipe being �! 12 feet east of a concrete monument located in the northerly highway line; + Running thence N 10 - 34' W (average bearing) along a fence, a total j Ij distance of 1146.7 feet to an iron pipe; Running thence N 20 - 00' W (average bearing) along a fence and hedgerow, 'i a distance of 1,314.2 feet to an iron pipe; j Running thence N 20 - 43' g W passing through a pipe located in the south boundary of Oakcrest Road, a total distance of 200.7 feet to a point in the present centerline of Oakcrest Road; Running thence N 880 - 15' E along the present centerline of Oakcrest F f -2- Running thence S 20 - 43' E passing through a pipe located in the south highway boundary a total distance of 375 feet to an iron pipe, Running thence N 880- 15' E a distance of 290.4 feet to an iron pipe; Running thence N 20 - 43' W a distance of 150.0 feet to an iron pipe, Running thence N 88° - 15' E a distance of 85.3 feet to an iron pipe; Running thence N 20 010 43' W passinq throuqh a pipe located in the i south boundary of Oakcrest road a total distance of 225.0 feet to a point in the present centerline of Oakcrest Road; Running thence N 870 - 54' E along the present centerline of Oakcrest Road a distance of 951.3 feet, more or less, to the intersection of the centerlines of North Triphammer Road and Oakcrest Road, i Running thence S 250 - 56' E along the present centerline of North Triphammer Road a distance of 391.8 feet more or less to a point; Running thence S 790 - 44' w a distance of 384.0 feet to an iron pipe; it Running thence S 11° = 32' W a distance of 624.0 feet to an iron pipe; ii Running thence N 770 - 58' E passing through an iron pipe located in the' west highway boundary a total distance of 538.0 feet to a point in the present centerline of North Triphammer Road; It Running thence S 250 - 20' E along the present centerline of North f Triphammer Road a distance of'504.3 feet to a point, It Running thence N 880 - 20' W passing through a pipe in the west highway boundary a total distance of 202.3 feet to an iron pipe; ,f s Running thence N 220 - 24' W a distance of 50.0 feet to an iron pipe; i Running thence S 610 - 36' W a distance of 50.0 feet to an iron pipe; Running thence N 22° - 24' a distance of 248.1 feet to an iron pipe; . ,F � Running thence S 800 - 55' W a distance of 282.7 feet to an iron pipe,, i ji Running thence S 220 - 24' E a distance of 408.5 feet to an iron pipe it in the northerly boundary of Catherwood Road, Running thence N 860 - 55' W along the northerly line of-Catherwood Road �i a distance of 152 feet to a concrete monument; y �r ` ,I Runninq thence N 72° - 34' W a distance of 0.65 feet to the point of f u A G R E E M E N T THIS AGREEMENT made this 18th day of July 1974, by and between the TOWN OF LANSING, a municipol corporation organized a 'under and pursuant to the laws of the State of New York, herein- !; ;;after referred to as the Town, and MARTIN CATHERWOOD and KARL J'BUTLER and MOLLIE E. BUTLER, hereinafter referred to as Catherwood and Butler, W I T N E S $f E T H: WHEREAS Catherwood and Butler have petitioned the Town Board for a Sewer D:btrict No. 4, and WHEREAS, the Town Board has conducted a public hearing regarding the formation of same, NOW, THEREFORE, to induce the.Town to adopt an Order H approving said District, Catherwood and Butler hereby agree as follows: t1 ij 1. All engineering plans for construction of sewer . lines and appurtenances within the proposed sewer district and outside the district, as hereinafter described, shall be approved by the Town of Lansing engineer and the 'Town of Lansing Water Superintendent. • 2. All fees, and expenses, of whatsoever kind and nature incurred in connection with the formation of the district No. 4 ;,shall be paid for by Butler and Catherwood. 31 3. Butler and Catherwood shall pay for the installation of all sewer lines and appurtenances within the district and all required sewer lines and appurtenances outside the district needed to transport the sewage to the Cayuga Heights sewage plant and /or any other sewage disposal facilities, including interceptor lines . 4. In the event another sewer district is formed or contem- r s P f i ji I 1 w . Z w ,,plated to be formed, or this one is enlarged, then at the request of the Town, Butler and Catherwood will immediately and simultaneously, with formation of enlarged or new district, dissolve the district and convey to the new district all right, title and interest in and to the sewer lines and appirtenances as requested by the new district, and hereby waive all rights re: dissolution of district, l i t 1 i II I t , i i, If a new or enlarged district is formed, the Town will # i not be obligated to repay to Catherwood and Butler costs incurred in the construction and installation of any mains within the Lansing Sewer district No. 4, or mains and appurtenances used to connect said district to the Cayuga Heights sewage plant or any other disposal plant, nor would they be obligated to pay to Catherwood and Butler any costs for easements or other rights of way. i 6. The new or enlarged sewer district, if it finds it feasible) to use any of the aforesaid sewer district lines, mains or appurtenances, then it may purchase same at not more than cost ,incurred by Butler and Catherwood, their successors or assigns. ' w 7, The Town in no way shall be responsible if the connection to the Cayuga Heights sewer plant or any other disposal i 'plant or interceptor cannot be obtained or approved. That in such event Butler and Catherwood shall be responsible to build their own septic and disposal system. 8. Butler and Catherwood agree that in any new or enlarged s ,sewer district or new district formed, they would share in the E cost of sewage disposal plant, trunks, interceptor, transmission I I alines and appurtenances, and they would receive no reimbursement whatever for cost of installation o£ facilities, sewer lines, y I , engineering services and other costs and disbursements incurred , !in the formation of the district except as they might in Paragraph' i -3- 9. That if connections are made to the Village of Cayuga s heights, or County sewer district facilities, Catherwood and Butler agree that said sewer district shall pay said charges and if bills , are not paid, the Town may add same to the Town and County taxof the lands owned by Catherwood and Butler, in District No. 4, their + ;successors and assigns. 10. Catherwood and Butler agree to abide by all rules and regulations of the Town of Lansing concerning sewage disposal now in effect or hereinafter amended or adopted. 11. That in the event a contract is entered into by the Town of Lansing on behalf of Lansing Sewer District No. 4, with ! any other municipality, or County sewer district, then Catherwood ,and Butler agree that they will abide by all terms of the contract :entered into between the Town of Lansing on behalf of Lansing ;Sewer District No. 4 and the third party municipality or County 'sewer district. I 120 This Agreement shall bind the heirs, successors and :Ossigns of the parties hereto. i; IN WITNESS WHEREOF, th• parties hereto have fixed their !.hands and seals the day and year first above written, 4 TOWN LAN IN !f By E arts at h a tw oo d —' Karl Butler Mollie E. Butler i F I i ; i i ; 1 ; , r i a i 1 \t IN THE. MATTER OF THE ESTABLISHMENT OF LANSING SEWER DISTRICT N0. 4, THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK. ORDER ESTABLISHING DISTRICT A Petition in this matter for the creation of Lansing Sewer District No. 4 having been duly presented to. the Town Board, together with the necessary map and plan attached thereto, and an Order having been duly adopted by the Town Board on the 18th day of June, 1974, for the hearing of all persons interested in the matter on the 10th day of July, 1974,'at 8 :00 in the P.M. at. the TowaiRall of Lansing, and a hearing of the said Board having been duly held at such time and place, and it having been duly resolved and'determined following such hearing that the Petition herein was signed and acknowledged or approved as required by law and otherwise sufficient, that all the property and pr#rty owners within the proposed district are benefited thereby, that all property and property owners benefited were included within the limits of the proposed district, and that it was in the public interest to grant and hold the relief sought, and it having been.then and there duly resolved that the establisbment of such district as proposed.be approved, the necessity for filing said resolution with the State Department of Audit and Control not being necessary in view of the fact that all expenses of the creation and construction involved in said Lansing..Sewer District.No. 4 would be paid for by Petitioners, it is hereby on Motion of Edward LaVigne, seconded by Louis =: = . ORDERED that a Serer District be established in the said Town of Lansing, Tompkins County, New York, to be designated as.Lansing Sewer District No. 4 of 'the Town-of Lansing and to -be of the following description and boundaries,: see Exhibit "A" attached hereto, and it is further ORDERED that theAgreement between the Tovu.of Lansing on behalf of Lansing Sever District No. 4 and M.P. Catheinmod',Karl D Butler Mollie E. Butler, be and'the same hereby is att- . - . hereto : . • made • part hereof, Dated: July 10, 1974 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss TOWN OF LANSING ) =p 744rur . Councilman Bert Hilliard . n} Councilman __ Naegely voting.Aye voting Aye voting Aye voting Aye Supervisor Wesley McDermott voting Aye I, JANE C. BUSH, Town.Clerk of the L Town of Lansing, do. hereby certify: f! ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Lansing, County of Tompkins, and State of New York, bounded and described as follows: BEGINNING at an iron pipe located N 720 - 34' W 0.65 feet from a concrete monument located at the northwest corner of Catherwood Road (Deed Book 449, Page 1035 recorded in Tompkins County Clerk's Office). Running thence S 10 - 23' E (average bearing) along the east boundary of Catherwood marked by a fence, a total distance of 1053.4 feet to an iron pipe located in the northerly highway line of New York State Route 13; Running thence S 840 - 46' W along the northerly highway line of NYS Route 13 a distance of 259.7 feet to a. concrete monument; '.' Running thence N 430 - 08' W a distance of 46.4 feet to a concrete monument; Running thence N 410 - 48' W a distance of 71.4 feet to a concrete monument, Running thence S 810 - 09' W a distance of 281.2 feet to a concrete monument; ;I Running thence S 90 - 47' E a distance of 59.4 feet'to a concrete monument, monument being in the northerly highway line of NYS Route 13, Running thence S 830 - 05' W along the northerly highway line of NYS Route 13 a distance of 747.3 feet to an iron pipe, said pipe being 12 feet east of a concrete monument located in the northerly highway line; Running thence N 10 - 34' W (average bearing) along a fence, a total I� distance of 1146.7 feet to an iron pipe, Running thence N 20 - 00' W (average bearing) along a fence and hedgerow,• ;j a distance of 1,314.2 feet to an iron pipe; I +� Running thence N 20 - 43' W passing through a pipe located in the south boundary of Oakcrest Road, a total distance of 200.7 feet to a point in �I the present centerline of Oakcrest Road; Ij Running thence N 880 - 15' E along the present centerline of Oakcrest 4 Js I jj jr -2- Running thence S 2° - 43' E passing through a pipe located in the south , highway boundary a total distance of 375 feet to an iron pipe; Runni Runni Runni Runni south bou ng ng ng ng nd thence thence thence thence ary of N 880- 15' E a distance of 290.4 feet to an iron pipe; N 20 an 43' W a distance of 150.0 feet to an iron pipe; N 880 - 15' E a distance of 85.3 feet to an iron pipe, N 2° - 43' W passinq throuqh a pipe located in the Oakcrest road a total distance of 225.0 feet to a point in the present centerline of Oakcrest Road; Running thence N 87° ON 54' E along the present centerline of Oakcrest Road a distance of 951.3 feet, more or less, to the intersection of the centerlines of North Triphammer Road and Oakcrest Roads 4; Running thence S 250 as 56' E along the present centerline of North Triphammer Road a distance of 391.8 feet more or less to a point, Running thence S 790 as 44' w a distance of 384.0 feet to an iron pipe; Running thence S 110 = 32' W a distance of 624.0 feet to an iron oipe; Running thence N 770 an 58' E passing through an iron pipe located in the i !I west highway boundary a total distance of 538.0 feet to a point in the present centerline of North Triphammer Road,, Running thence S 250 an 20' E along the present centerline of North Triphammer Road a distance of -504.3 feet to a point; Running thence N 880 an 20' W passing through a pipe in the west highway �i boundary a total distance of 202.3 feet to an iron pipe; Running thence N 220 - 24' W a distance of 50.0 feet to an iron pipe, Running thence S 670 an 36' W a distance of 50.0 feet to an iron pipe; Runninq thence N 220 - 24' a distance of 248.1 feet to an iron pipe; ,t Running thence S 800 ON 55' W a distance of 282.7 feet to an iron pipe; Running thence S 220 - 24' E a distance of 408.5 feet to an iron pipe in the northerly boundary of Catherwood Roads ° Running thence N 86 - 55' W along the northerly line of Catherwood Road j a distance of 152 feet to a concrete monument; , Running thence N 72° - 34' W a distance of 0.65 feet to the point of .r 1 A G R E E M E N T THIS AGREEMENT made this 18th day of July , 19749 by and between the TOWN OF LANSING, a municipal corporation organized ;'under and pursuant to the laws of the State of New York, herein- ,.after referred to as the Town, and MARTIN CATHERWOOD and KARL ;i BUTLER and MOLLIE E. BUTLER, hereinafter referred to as Catherwood and Butler, W I T N E S 8 E T H: 9; i; WHEREAS Catherwood and Butler have petitioned the Town ?; Board for a Sewer District No. 4, and WHEREAS, the Town Board has conducted a public hearing regarding the formation of same, NOW, THEREFORE, to induce the Town to adopt an Order ;approving said District, Catherwood and Butler hereby agree as i follows: i; 1. All engineering plans for construction of sewer lines and appurtenances within the proposed sewer district and outside the district, as hereinafter described, shall be approved by the Town o Lansing engineer and the Town of Lansing Water Superintendent, 2. All fees, and expenses, of whatsoever kind and nature :incurred in connection with the formation of the district No. 4 shall be paid for by Butler and Catherwood. ? 3. Butler and Catherwood shall pay for the installation of stall sewer lines and appurtenances within the district and all ? required sewer lines and appurtenances outside the district ( needed to transport the sewage to the Cayuga Heights sewage plant f and /or any other sewage disposal facilities, including interceptors lines, 4• In the event another sewer district is formed or contem- � a E i i i i ; i f i i ; 1 i a, i 1 el l� i :1 i,plated to be formed, or this one is enlarged, then at the request jof the Town, Butler and Catherwood will immediately and �, simultaneously, with formation of enlarged or new district, +i ;'dissolve the district and convey to the new district all right, i !!title and interest in and to the sewer lines and appirtenances as i� :Irequested by the new district, and hereby waive all rights re: i iidissolution of district, i. ii S. If a new or enlarged district is formed, the Town will 'knot be obligated to repay to Catherwood and Butler costs incurred I1 . I}in the construction and installation of any mains within the i; :;Lansing Sewer District No. 4, or mains and appurtenances used t I + i {,to connect said district to the Cayuga Heights sewage plant or ` any other disposal plant, nor would they be obligated to pay to :Catherwood and Butler any costs for easements or other rights of �. ii � f way , f ii ?. 6. The new or enlarged sewer district, if it finds it feasible; li � iI "to use any of the aforesaid sewer district lines, mains or ;;appurtenances, then it may purchase same at not more than cost }i .,incurred by Butler and Catherwood, their successors or assigns. 7. The Town in no way shall be responsible if the !;connection to the Cayuga Heights sewer plant or any other disposal '';;plant or interceptor cannot be obtained or approved. That in such i ';event Butler and Catherwood shall be responsible to.build their ':own septic and disposal system. 8. Butler and Catherwood agree that in any new or enlarged t} ;sewer district or new district formed, they would share in the ;cost of sewage disposal plant, trunks, interceptor, transmission :1lines and appurtenances, and they would receive no reimbursement ,whatever for cost of installation of facilities, sewer lines, .engineering services and other costs and disbursements incurred `'in the formation of the district except as they might in Paragraph I ( i( -3- ! 9. That if connections are made to the Village of Cayuga ( ;Heights, or County sewer district facilities, Catherwood and But -lerl agree that said sewer district shall pay said charges and if bills I I ;dare not paid, the Town may add same to the Town and County tax of Othe lands owned by Catherwood and Butler, in District No. 4, their I isuccessors and assigns. �I 10. Catherwood and Butler agree to abide by all rules and !,regulations of the Town of Lansing concerning sewage disposal ;;now in effect or hereinafter amended or adopted. 110 That in the event a contract is entered into by the Jown of Lansing on behalf of Lansing Sewer District No. 4, with (any other municipality, or County sewer district, then Catherwood q and Butler agree that they will abide by all terms of the contract r it 'entered into between the Town of Lansing on behalf of Lansing Sewer District No. 4 and the third party municipality or County ;;sewer district. 12. This Agreement shall bind the heirs, successors and f�assigns of the parties hereto. IN WITNESS WHEREOF the !� parties hereto have fixed their jhands and seals the day and year first above written. i TOWN F LAN IN By arts at a woo Karl Bu` er >u lie R. Builer i t 1 1