HomeMy WebLinkAbout030723-001BUYOUCOS & BARNEY
ATTOIINare AT LAw
SAVINGS MNA SYILOING
ITHACA. NSW VOGII ISSSO
1.1ft US PAc•E 674 539
LFASP
LtSSOR: TOWN OF ITNACA
T,PSSF.F : FSTATE OF PF,ARL S. MTLLF.R
DATF: February 14 , 1979
"UMISFS: 239 Forest Nome Drive. (See copv of attached
survev made by Thomas n. Miller dated June 36,
1972, amended'June 12, 1978.
This lease is entered into nursuant to a resolution
adonted by the Town of Ithaca on January 29 , 1979.
This lease relates to a propertv known as 235 Forest Home
Drive in the ToxTn of Ithaca (tax parcel 66-4-11), being_ the
Parcel conveyed by Christopher Lindley to Pearl S. Miller dated
August 14, 1960, recorded in liber 431 of Deeds at page 123
(herein also referred to as the Miller parcel).
The lease is on the following terms and conditions:
1. The lessor hereby leases to the lessee the small strips
or Pores of land which lie directly under, and are occupied bv,
that portion of the dwelling on the above described premises
•Thich lies northerly of the line marked on the survev man
reFPrred to above as "R/t.T", together with the right to maintain
:he nresent huilding, as it now stands, in its present location
)ver such occupied strips or Pores of land.
2. In the event this building is destroved, removed or
ihandoned, this lease shall terminate. The lessee accents this
.ease on the understanding that this lease does not grant to the
.essee.a.Permanent title to that portion of Forest Home Drive
Which is occunied by or lies under the building. Neither this
ease, nor the above-mentioned resolution, shall be deemed to
e an abandonment by the Town of the right, title and interest
n full or in part, which the Town may have in and to the highway
nox-m as Forest Home ')rive to the full, extent of the width to
hick the Town is Lawfully entitled for such highway whether by
tatute, user or otherwise.
•
E
1
1
•
1
0
BUYOUCOS & BARNEY
ATTONN[T{ AT 1.Aw
GAVINOS �ANR WIL DIMS
ITHACA, N[W TOM INW
I
om 669 rm 675
-2-
3. It is understood by the lessor that the acceptance
oF� this lease by the lessee is without prejudice to anv and .
all rights which the lessee may have to assert or claim that
the right of way for Forest ]come Prive is limited to the paved
portion of the highway as it now exists, or to any other width
but which width, in anv event, is less than any width which may be
claimed by the Town.
4. Lessee agrees to maintain the building in good condition
ind repair so that it will not constitute a hazard to the public
tsing the highway. The lessee agrees to maintain and pav for
idequate nublic liability insurance with an insurance company
innroved by the lessor (such approval shall not be unreasonably
Athheld) and cont_ainin,g, such terms and provisions as mal► he
-easonably required by the To -n which shall insure the lessee and
:he Toum against any liability, actions, loss, damage or expenses
;including any reasonable attorney's fees which may be incurred
tv the Toy,m) resulting, from injury to persons and damage to
>roperty. The coverage for slich insurance shall he reviewed from
:ime to time. For the present, insurance coverage shall be
7ritten on the basis of S100,000/$300,000/$50,000.
5. If the lessee fails to make such repairs as may be
-equired by Paragraph 4, above, or if the lessee fails to remove
:he building, if it has been abandoned, then the Town may make
ouch repairs or effect such removal. The lessee agrees to pay
tnd will pay to the Tom the reasonable costs incurred by the
'own for the above. The Town shall not undertake any such
•emoval without giving at least 10 days notice in writing to 'the
turner of the subject property addressed to such owner usine, the
address used for mailing the Town's tax bills.
569 rA,; 676
RESOLUTION: (ATTACHED)
STATE OF NEW YORK
COUNTY OF TOMPKINS1SS:
TOWN OF ITHACA ))
I, EDWARo L. BERGEN, Town Clerk of the Town of Ithaca, New York, do hereby certify that the
foregoing resolution is a true and exact copy of a resolution duly adopted by the Town Board
of said Town of Ithaca at a adjourned meeting hdd on the 29th day of
January , 19 79, and that the same is a complete copy of the whole of such
resolution.
IN WI NESS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca,
Nc* Ybrk th:s 2nd day of February , 1979.
Town Clerk of the Town of Ithaca
n
lJ
1
•
1
1
Ll
1
►.�r�f, 569 rnc: 677
RESOLUTION GRANTING LEASE TO OWNER OF PREMISES
KNOWN AS 235 FOREST HOME DRIVE, IN THE TOWN OF
ITHACA, NOW OWNED BY THE ESTATE OF PEARL S. MILLER
WHEREAS, the Town Board of the Town of Ithaca has made
the following findings and determinations:
A. The Estate of Pearl S. Miller is the owner of a
parcel of land in the Town of Ithaca known as 235 Forest Home
Drive, being tax parcel #66-4-11, more particularly shown on the
survey map thereof made by Thomas G. Miller, P.E., dated June 26,
1972, amended June 12, 1978, and being the parcel conveyed by
Christopher Lindley to Pearl S. Miller by deed dated August 14,
1960, recorded in Liber 431 of Deeds at page 123 (herein referred
to as the Miller parcel). A copy of said map is attached hereto.
B. It appears that a portion of the dwelling may encroach
on the Town highway known as Forest Home Drive.
C. Any encroachment has apparently continued uninter-
ruptedly since the erection of the dwelling house now on the
Miller parcel.
D. The representative for the owner of the Miller parcel
has appeared before the Town Board, alleging financial hardship
because of apparent unmarketability of title created by any such
encroachment and has asserted a claim that the Town's jurisdiction
in the highway extends only to the travelled portions and has
requested the Town to abandon any claim the Town may have to any
land lying southerly of the paved portion of the highway.
E. A public hearing was held at the Town Hall on December
11, 1978, at 5:30 p.m., following a notice published in the ITHACA
JOURNAL on December 1, 1978, by order of the Town Board. Ross J.
Guglielmino, of Rochester, New York, attorney for the owner, and
David Tyler, attorney for the contract purchaser of the Miller
parcel, and Robert J. Hines, attorney, of Ithaca, New York, for
Chester Pond, the owner of the parcel directly opposite on the
northerly side of Forest Home Drive (tax parcel 66-3-16), appeared.
No one objected to the granting of a permanent lease.
otEh 569 rAcE 678
— i —
F. The Town Engineer has reported to the Town Board'.
that he forsees no practical difficulties or impairment of the
Town's ability to maintain the rest of Forest Home Drive if the
encroachments are permitted to continue and he recommends such
action. The Town Highway Superintendent recommends such action.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
Section I. The Town of Ithaca agreed to grant to the
owners of the Miller parcel, as described above, herein also
referred to as LESSEES (their successors, distributees and
assigns) a lease to maintain the existing building and appurten-
ances in their present location as shown on the survey map re-
ferred to above., but subject to the provisions set forth in the,
following Sections.
Section II. A portion of the dwelling may encroach on
the Town highway known - as Forest Home Drive.
Section III. It is not intended that this grant of a
lease shall convey to the Lessees a permanent title to that por-
tion of Forest Home Drive which may be occupied by, or may lie
under, the building, nor shall this resolution or the grant of the
lease to the Lessees be deemed to be an abandonment by the Town
of such title as it may now have in such portion of the said high-
way, but it is intended that the lease shall be perpetual for so
long as the present building stands.
Section IV. The Town recognizes that the acceptance of
this lease by the Lessees shall be without prejudice to the rights
of the Lessees to assert that the right of way is limited to the
paved portion of the highway and that the Lessees reserve any and
all other rights they may have with respect to the leased lands
and/or the lands claimed by the Town to lie within the right of
way for the highway.
1
1
LJ
0
1
11
569 •wj 679
vN�
A
I g 1, .� � a p .. liz, n
Ja
n
c 10
K
o
Zm=
0
r
Z
m n
Ap
m
m
3
r
o
m
N
z
azy
pmt
aIO
me
m.
D
it
s
pm
p
v rn
d
I
Z
= "
Z
•n
N
V\
D
m
O N
o
.n
w
..n
C
D
pN
n'
0
A
<
m
o
o
m
z
o
-C
LM
C
r
=�
L
0
)K
m
mC
eZ
m
O
-n
m
V
-C
am
_
p
/q
'EN
i
D
Ja
IV
c 10
p
o
Zm=
-•1
m n
Ap
31DeWAL
^
o
O C
k
m
N
z
azy
pmt
aIO
me
m.
D
it
s
pm
p
v rn
d
oa
vm OF
c
n
•0
Ja
IV
m
p
o
-•1
SRICk
31DeWAL
^
o
k
16, B9�
D
10
ro.
9• s?�.
D
it
�� w+c4
In
a?'�
O
•0
•
x
�v
C 4
N � d
J �m
O'V
-wNvD
D EP
"onor-
D1Qo.
To
r0��
10c—
o Oar
N
a'u►M
c N
�• W
r~
u
N
0
c
r
0
P� m
to N I
�T
•Ovm E
PA .
N
N
N
-P, A
m
-I
o
Cb I 111
0
D
r,
m
LK7a
O
rev
70
\o
r
0
BUYOUCOS & BARNEY
ATTONNSYs AT LAW
SAVINGS SANK WILOINO
ITHACA• NSW TORN 14659
i 8ct, 569 PACE 660
-3-
IN WITNESS WHEREOF, this agreement has been duly
executed by the parties hereto and shall inure to the benefit
of and bind the owners of the above described premises and
their successors in such ownership.
ATTEST:
TPwn }erk
„�, n
STATE OF NEW YORK
COUNTY OF TOMPKINS )
TOWN OF ITHACA
By:
Supervisor
ESTATE OF PEARL G. MILLER
By:.G�.tGs>w... I
Executor
On the /fir day of fPr�nc�i9��JJ 1979, before me personalh
came NOEL DESCH, to me known, who Ling by me duly sworn, did
depose and say that he resides at Ithaca, New York; that he is
the Supervisor of the Town of Ithaca, the municipality described
in and which executed the within instrument; that he knows the
seal of said municipality; that the seal affixed to said instru-
ment is such municipal seal; and said execution was made by him
pursuant to the authority granted to him by the Town Board of
the Town of Ithaca a municipal corporation and political sub-
division in the County of Tompkins having its offices at
126 East Seneca Street, Ithaca, New York.
Notary p4 �jc , . !,
STATE OF NEW YORK )C l li��'�
COUNTY OF TOMPKINS ) ss.: 'lcnn i ,p.t.s , 1974/
On the -47/14 day of ��f`"`t% 1979, before me
personally came ROSARIO J. GUGLIELMINO, who being by me duly
sworn, did depose and say that he resides at Ithaca, New York;
that he is the Executor of the Estate of Pearl S. Miller, and
that he executed such instrument as such Executor.
gl:r i -GE'
r Public
CNpAy &, "n:T1
s,.rtk F,.y'r. �'.M1r of ik� YSxy
Tompkins County, ss;
�p^,Fy,�,ordod on the..,, ,...., of ,�L-{
zt. 0clock .. y., 1�.� m Lil6; ..MW.7... • r..
......(a.a�.............. and exp OF...1 .1. mill/ftT�
...�. ,....IIY11.
•
u
1