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Home My WebLink About2014-06693 Nsco�� I III I VIIIIII II III II II II II III IIIIIIIIII i Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: MISC Receipt Number: 14-64157 Party 1 Party 2 ITHACA TOWN OF MEROD, JAMES II Fees Recording Fee $0.00 Instrument #: 2014-06693 Pages Fee $0.00 Notation Fee $0.00 State Surcharge $0.00 Total Fees Paid: $0.00 Refers To 513743-001 State of New York County of Tompkins Filed on June 13th, 2014 at 3:44:57 PM with a total page count of 5. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York MR Do Not Detach 2014-06693 06/13/2014 03:44:57 PM MEETING OF THE ITHACA TOWN BOARD May 12,2014 TB Resolution No. 2014- 095: Authorizing Release and Extinguishment of Surplus Water Easement on 10 John Street, Subiect to Permissive Referendum Whereas, a 10-foot wide water easement is shown on Lot 6 in Block E of Section 2 of the "Frandsen Subdivision" on a map entitled "Frandsen Subdivision 2, Slaterville Road, Town of Ithaca, New York,"made by John S. MacNeill,Jr., P.C., dated September 16, 1986 and last revised February 24, 1987,which map was filed on June 9, 1988 in the Tompkins County Clerk's Office in Box XII, Slot 85, and Whereas, the same 10-foot water easement is shown on the attached survey map entitled "Lands of James Merod, II & Karen Edwards, 10 John Street—Town of Ithaca—Tompkins County— New York State,"made by Stockwin Surveying, certified August 7, 2007, and filed in the Tompkins County Clerk's Office on August 22, 2007 as part of Instrument No. 513743-001, and Whereas, no executed water easement on 10 John Street has been located or filed in the Tompkins Count), Clerk's office, but it appears the Town of Ithaca was intended to hold the easement,because the water easement shown on the 10 John Street parcel on the above- referenced subdivision map and survey map connects to a filed but unused water easement held by the Town on the adjoining 111 Tudor Road parcel, and Whereas, the Town of Ithaca does not and will never need the water easement on 10 John Street because the water lines serving the subdivision were laid years ago in a different location on different parcels, and Whereas, the water easement on 10 John Street as shown on the above-referenced subdivision map and survey map has no value to the Town of Ithaca, and Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that its authorization of the release and extinguishment of said water easement is a Type Il action because it constitutes"routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus said authorization is not subject to review under SEQRA, now therefore,be it Resolved, that the Town Board of the Town of Ithaca authorizes the release and extinguishment of the water easement on 10 John Street that is shown on the above-referenced subdivision map and survey map, and authorizes the Town Supervisor to execute the necessary documents to release and extinguish said water easement, subject to the approval of the Attorney for the Town, and subject to a permissive referendum as permitted by law. Moved: Tee Ann Hunter Seconded: Rich DePaolo Vote: Ayes—Hunter, DePaolo, Engman, Goodman, Levine, Leary and Howe 1 i I 1 1 1 • 1 1 / • 1 1 1 1 1 1 r • I 1 ! ///////% r/ �� I�i �v///////////////// ♦ 6 4 / PPO//, ///. • I// //I//I// /I//I \\\ \\\\\\\\\ \\\\\ IIII//I////II/IIIII///..":•I//%I%I/I//I III//III/POP I/I PP.I//////I/II%I/II/I/II/ I/I/III/I//I/II/IIIIIle,,,•////IIII//, •////I///I#/II//II.2 c •IIII////I//I/III/ • •IIII//I/III/II/II • /Iiil`%/iii/Iiiiii, 1 1 1 1 i f/I/IIIII/I// LL I/IIIIII//I I.� I • i+fi T t� 2014-06693 06/13/2014 03:44:57 PM AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Paulette Terwilliger, being duly sworn, deposes and says: 1. I am the duly appointed and acting Town Clerk of the Town of Ithaca, New York (the "Town"). 2. On the 12`h day of May, 2014 the Town Board of the Town adopted TB Resolution No 2014- 095: Authorizing Release and Extinguishment of Surplus Water Easement on 10 John Street, Subiect to Permissive Referendum 3. Said resolution was subject to permissive referendum. 4. Within 10 days after the adoption of the resolutions aforesaid, I did, in the same manner as provided for a notice of special election, post and publish notices setting forth the date of the adoption of the aforesaid resolutions together with an abstract of such resolutions, concisely stating the purpose and effect thereof and that said resolutions were adopted subject to a permissive referendum. 5. More than 30 days have elapsed since the adoption of said resolutions and the posting and publication of the aforesaid notices and no petition protesting against such resolutions and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval has been filed with the deponent own Clerk. Paulette Terwilliger Town Clerk Sworn to before me this /ji4— day of N tary Public Debra DeAugistine Notary Public-State of New York No.01DE6148035 Qualified in Tompkins county My Commission Expires June 19,20_� 2014-06693 06/13/2014 03:44:57 PM TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O NOTICE OF ADOPTION Release and Extinguishment of Surplus Water Easement on 10 John St — Subject to Permissive Referendum TOWN OF ITHACA Public Notice Notice is hereby given that Location of Sign Board Used for Posting: Tow Board adopted,sobj ay 12 2014 the cat Town Clerk's Office resouto'n, an srve eabstractn of 215 North Tioga Street Bl Resolution No 2014-095 Ithaca, NY 14850 q.Extngwshmen Rebels 5urplu` Water Easement on 10 John Street Date of Posting:,F/15/2014 Said resolution. Date of Pub !cation: 17/2014 t 1060 (il Recited location of the we.d ter easement is a 10,foot 1 Paula a Terwilliger wide water easement shown e an Lot 6 in Block E of Sec-e Town Clerk dlvisonf one aF map enMl d t 'Frandsen Subdivision 2.t .8 Slatervllle Road, Town of I e Ithaca, New York,' and on' t-the a survey map entitled 'Lands of James Merod,II 8 STATE OF NEW YORK) Karen Edwards. 10 John COUNTY OF TOMPKINS) SS: f Street -Tompkins County fNew York TOWN OF ITHACA) Co�ery`G rksOff Tompkins G4 Recited reasons the Town of Ithaca does not and will Sworn to and subscribed before me this 19V-4—day of ,never need the water ease �merit on 10 John Street be cause the water lines serving a , 201 4. i Y e subdivisionm a were laid ears o different loca, tion on d,frerent parcels The easement has no value to the Town. t 60 Authorized the release rXii r and exengushmert of the water easement on 10 John No ary Public ,Street that a shown di the /'� II above-referenced subdivision map and survey map,and ou- thonzes the Town Supervisor to execute the necessary documents to re'ease and ex. Debra DeAugistine tingulsh said"ter easement. Notary Public-State of New York f subject to the approval of the No.01 DE6148035 Attorney for the Town. and Qualified in Tompkins county subject to a pennisswe refer- MCommission ExpiresJune 19,20 More aspermittedbylaw. y / More information is avedable .at the Town Clerk's office via townclork®town ithacg.ny.us i or 273-1721 5/16/2014