Loading...
HomeMy WebLinkAbout069226-0015746 tw; 663 880 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made between the TOWN OF ITHACA, a municipal entity under the laws of the State of New York, with offices at 126 East Seneca Street, Ithaca, New York, hereinafter called the "Town", and the CITY OF ITHACA, a municipal corporation formed under the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York, hereinafter called the "City". WHEREAS, the Town is in the process of planning for and constructing a recreational trail in the South Hill area of the Town; and WHEREAS, a portion of the South Hill Trail will go over property presently owned by New York State Electric & Gas Corporation (hereinafter called "NYSEG") being the old D L & W Railroad right of way; and WHEREAS, NYSEG has agreed to grant only a revocable license over approximately 1300 feet of the old railroad right of way needed for the South Hill Trail; and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (hereinafter referred to as the "State") is providing grant funds for the acquisition and construction of the South Hill Trail; and WHEREAS, it is a condition of receiving such grant funds that the Town be assured of having use of the trail facilities for at least 23 years; and WHEREAS, because of NYSEG's requirement that a portion of the trail be in the form of a revocable license the Town needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City wishes to cooperate with the Town of Ithaca.in permanently protecting and promoting the Six Mile Creek Water Shed Area for appropriate recreational use by both Town and City residents; NOW, THEREFORE, in consideration of the premises and in order to permit the Town to continue the process of obtaining a grant for such trail the parties agree as follows: 1. If the Town of Ithaca acquires a revocable license from NYSEG for the southerly portion (approximately 1300 feet) of the South Hill Trail as more particularly shown on the map annexed hereto and if prior to December 31, 2016, NYSEG revokes the Town's right to use such portion of the trail, the City hereby agrees to grant to the Town a permanent easement for an alternate 4 A S x a*.IRUYN:.ww't.�1sk.M�wWLiYRYNM!s4�as'�.++�ttMlv'�+a^; s�uMe..vM.W�...u.'Itaa .NTurrrnr .u. .. • • • r Lm 663 PAM 881 � 0 ;,memO.un3, ith, 7/16/91 10:12am LM 663 w 882 terminus of the trail. 2. The location of the alternate terminus, is denominated "Proposed Alternate Recreation Way Route over City of Ithaca Lands" on the attached map entitled "South Hill Recreation Way Alternate Trail Route" and will run substantially from Coddington Road northeasterly, northwesterly and then northerly to the point where it intercepts the portion of the South Hill Trail to be located on the old D L & W right of way. 3. Said easement would be 60 feet in width for a portion of the easement and 40 feet in width for the balance, all as more particularly shown on the annexed map. 4.' The easement agreement would be in the usual form of Town easements, similar in form to the easement obtained by the Town from Donald Street containing normal warranties of title and in form acceptable to the.State. 5. The easement shall be executed by the City and delivered to the Town within 60 days of the request for same from the Town. The Town agrees it will not request said easement unless .its license from NYSEG has been revoked. 6. If the Town requests said easement, upon receipt of the same from the City or its successor in interest, the Town agrees to pay reasonable compensation for the same. Unless the parties agree otherwise, the compensation will be determined by ascertaining the fair market value of the parcel of land the City currently owns fronting on Coddington Road from which this easement is being taken, before the conveyance to the Town less the value of the said parcel after the conveyance.to the Town. Compensation shall be payable only for diminution in value of parcels then fronting on Coddington Road. If the parties are. unable to agree on the amount of compensation within ten (10) days of the request for easement from the Town, the parties shall, jointly select an appraiser to determine the value. If the parties are unable to agree on an appraiser within the next five (5) days (i.e., within fifteen (15) days of the request of the easement from the Town), then each party shall select an appraiser, which selection shall occur within the next five (5) days (or by twenty (20).days from the date of the request for the easement from the Town). The two appraisers so selected shall, within the next five (5) days (within twenty-five (25) days of. the request for the easement from the Town), appoint a third appraiser and the three appraisers shall proceed to determine the value. The vote of two of the three appraisers shall be sufficient to determine the value and the value as so determined shall be binding upon the parties. The appraisers shall determine such value within fifteen (15) days of the appointment of the last appraiser (i.e., within forty (40) days of the 2 a s t' g •+.m.aoxar. �.r«.�..w.>,.., M+�c .:.-:...«rS.:a..ew«ay.,n 'arh.::.wl6.x- ,.r..,.:. .,; ...,.x::. ,...:,,........ ,.,, .._.:-,... •.o...mrwa.r.rs�rw+trw^.u+o-wua,.a�.rvuaw�.u�r�+�+Bernaw.x.nra*wwY:.....:w+•+.:v.. t, n.. ,..,.... .v..,... s.+. • • • �J ,.memo.un3, ith, 7/16/91 10:12am wER 663 PAGE 884 request of the easement from the Town). The compensation so determined by said arbitration proceeding shall be payable at the time of the conveyance of the easement to the Town. In the event that the City has conveyed the entire parcel from which the easement is being taken prior to the request for the easement for the Town, compensation shall be paid to the then owner of the property over which the easement runs. In the event that the City has conveyed a portion of the said parcel prior to the request for the easement for the Town, compensation shall be paid to the then owners of the parcel over which the easement runs and to the then owners of the portion of what is now Town Tax parcel No. 48-1-9 which fronts directly on Coddington Road. If there are then more than two owners of Coddington Road frontage, compensation shall be payable for proved diminution of value only to the two landowners closest (as measured along Coddington Road) to the land over which the easement runs. If the parties are unable to agree on the amount of compensation, it shall be determined by arbitration in the manner set forth above with each landowner selecting their arbitrator. The costs of arbitration shall be shared equally in each proceeding between the parties to each proceeding. 7. If the Town requests said easement, and upon receipt of same from the City, the Town agrees that it will provide landscaping within the easement area but along the boundary between the easement area and any remaining City -owned lands sufficient to provide a reasonable buffer between the trail itself and the remaining City -owned lands. Unless the parties agree otherwise, such buffer shall be deemed to be a reasonable buffer if it substantially shields the view from the remaining City -owned lands to a point at least seven feet above the level of the trail so that persons utilizing the trail are not readily visible from the remaining City -owned lands. The parties may mutually agree to a different level of buffer or to the elimination of the buffer if so desired for view purposes. The determination of the buffer and its size and location shall be made after the City has conveyed the easement to the Town. In the event the City believes that the buffer strip is not in compliance with the provisions set forth above the City shall have the right to obtain an injunction or damages, but may not rescind or otherwise prohibit the conveyance of the title to the easement to the Town as provided in this agreement. 8. If the Town requests said easement, upon receipt of same from the City the Town agrees that it will limit the use of the South Hill Trail to use by the public for walking, jogging, bicycling, horseback riding, and cross-country skiing per the Town of Ithaca Recreation Way regulations as then in effect. No motorized vehicles (aside from Town and City vehicles or ' emergency vehicles) will be allowed on the Recreation Way. No hunting, guns, traps, or archery equipment would be permitted on -.. + rt.- .^ wf" �,-,`.S't-mrM%YwY:�6 �"�1,'+`Y'3`�An' a'!r+uM`!cb.f['li+.•eN+3`K"*ias�5�'m{y�••��MYw�il':MM•NF'S�O�TM.."•ifA..:'i*�+^"�Rv .ua.�anm+.+r�+ �rtMV�b>«c3KxtwM;M1S+�A�'�R%�1MA<ViMl.Ml3='�-�13,artW.R�s�'J�#�#u'k.r+.T' i �.�,•. meuo.un3, ith, 7/16/91 10i12am i wit' 663 W 884 the Recreation Way. 9. If the Town 'requests the easement and constructs a portion of the South Hill Trail on the easement granted by the City, the design of the trail on the portion of the land crossing the City's property would be substantially the same as the design of the portion of the trail on the property being conveyed by NYSEG to the.Town immediately adjacent to such City land. 10. If the Town requests the easement and the easement is conveyed to the Town, the Town agrees that it will indemnify and hold the City harmless from any and all claims, damages, actions, or proceedings arising as the result of the use of this easement unless said claim, damage, action, or proceeding arising solely and directly out of the negligence or wrongful, willful act of the City, its employees, contractors, or agents. 11. In the event the City at any time seeks to transfer the fee title to all or any portion of the property over which an easement is to be given by this instrument the City hereby agrees to first notify the Town that the City is seeking to transfer said property. Said notice shall identify the property the City is transferring, the price at which the City wishes to transfer same, and any other terms pursuant to which the City is transferring the land. The Town shall have sixty days from the date of receipt of such notice to advise the City whether the Town would be willing to acquire the property on the same terms and conditions (or, if one of the terms calls for financing of the property, at the Town's option the Town may elect to purchase the property at the same price and pay cash at closing). This obligation to notify the Town of the City's intention to sell the property shall apply to the sale of all or any portion of the premises over which the easement provided by this instrument is located. Once the City has given such notice to the Town, the City shall be free to sell said property to any other party upon any terms the City may choose. Any conveyance of the property by the City shall be expressly subject to this agreement. 12. This memorandum of understanding shall constitute a binding agreement between the parties, the City recognizing that the Town is relying upon this agreement to certify to the State that the Town can provide a southerly terminus to the South Hill Trail if NYSEG revokes the Town's license. 13. The persons executing this memorandum of understanding, by their execution of same, certify that all requisite action has been taken by their respective municipalities to make this memorandum a binding agreement between the parties. IN WITNESS WHEREOF, the parties have executed Tt'_h_i_s �as memorandum of understanding - agreement this - day of �l--rvl, t � Wyz 4 X I 4 r...:�,�+�_.»'ma+.wA'f.T:ciulAwlt�b+F4!t..R+�..>'+'r^"�•"'a"'R"�",."'w.:+.w...r3»v+ttx..c�r. :rwi9rebaa.+r,.....r. t., .n :...:w:.�, '!w y'..'3'si....:eu3rinwiY..w.:s,7Jwa-+.t•r:. :_w +r a>•: . .t .. .,... .. e.... s. >• • • • C] • memo.un3, ith, 7/16/91 10tl2am LEER 663 PACE 885 TOWN OF ITHACA By: -'&'l ... dmgm�� Shirley Raffensperger Supervisor, CITY O ITHACA By: Benjamin Nichols Mayor STATE OF NEW YORK ). COUNTY OF TOMPKINS)ss.: On this /iq day of C�,,��-- , 1991, before me, came Shirley Raffensperger, to me erson&lly known who, being by me duly sworn, did depose and say that she resides at 139 Pine Tree Road, Ithaca, New York, and that she is the Supervisor of the Town of Ithaca, who executed the within instrument, and she, acknowledged to me that she executed the same, and that such execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authors uch execution. / tary Public N tZ dmm� STATE OF NEW YORK ) 6,4d lift Tompkins U Nor 470200 COUNTY OF TOMPKINS ) ss .: {won Upim Fe0.24192,t On this 31 d day of 1991, before me, came Benjamin Nichols, to me personally known who, being by me duly sworn, did depose and say that he resides at 409 .C/•—P& Ithaca, New York, and that he is the Mayor of the City of Ithaca, who executed the within instrument, and he acknowledged to as that he executed the same, and that such execution was on behalf of the City of Ithaca and that the Common Council of such City duly authorized such ep cution. ianpkW& CoLoy, si �Y 1scorded on ths.... ..71:1.....�D�y., �(�� ....1l..` .,.it ri► As o'dod� ,,�.� ; Libor .... ... �i. ��•• .NN. N.INN.NNA --.. y..+5. .,.. mo.,J.e ,:H?, wPw•>N`I_✓i:�T+.'wna4P+�qn..v+nu v�..:s»:ni+:r»rr��`.'nrn+n.�-*�a•+'+or..adYMar'±Yms'ww..,�a',.a-.aHe•vx.••rsemxs+m+.n.Ne.Wwuw WUiXwwF.W'�SKF+9fY.+'4w'"�M'M%ns0.r*.R-,�•.