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LIBER 33 ?V F 1. 1a5
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RESOLUTION AND ORDER ESTABLISHING
WINNERS CIRCLE SUBDIVISION
LIGHTING DISTRICT AFTER PUBLIC HEARING
WHEREAS, a petition dated April 24, 1989, has been duly
presented to the Town Board of the Town of Ithaca, according to
law, requesting that a lighting district, as hereinafter
described, be established in the Town of Ithaca; and
WHEREAS, said Town Board duly adopted on the 8th day of
May, 1989, an order reciting in general terms the filing of said
petition, the boundaries of the proposed district, the
improvements proposed, the maximum amount proposed to be expended
for the improvements, and specifying that the Town Board shall
meet at the Town Hall, 126 East Seneca Street, Ithaca, New York,
on the 12th day of June , 1989, at 6:45 p.m. -to consider said
petition and hear all persons interested in the subject thereof
concerning the same; and
WHEREAS, certified copies of said order were duly published
and posted according to law, and said Town Board did, at the time
and place specified in said order, duly meet and consider the
matter of the establishment of said lighting district, and heard
all persons interested in the subject thereof who appeared at
such time and place, concerning the same; and
WHEREAS, the evidence offered at such time and place
requires that the Town Board make the determinations hereinafter
made,
NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ithaca, in the
County of Tompkins, New York, that it be and hereby is
determined as follows:
1. The aforesaid petition is signed and acknowledged as
provided by law and is otherwise sufficient.
2. That all of the property and property owners, within the
proposed lighting district, are benefitted thereby.
3. That all of the property and property owners benefitted
are included within the proposed lighting district.
4. It is in the public interest to establish the proposed
lighting district as hereinafter described; and be it
further
RESOLVED, that the Town Board does hereby approve the
establishment of a lighting district as hereinafter
described to be known as the Winners Circle Subdivision
Lighting District; and be it further
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•ue:R ' 33 Fal- if
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins, State of New York, and being the
subdivision known as the "Winners Circle Subdivision" as shown on
the subdivision map entitled "FRANCIS J. PAOLANGELI - DEVELOPER -
WINNERS CIRCLE SUBDIVISION, FINAL PLAT, SLATERVILLE ROAD, NYS
ROUTE 79, TOWN OF ITHACA, TOMPKINS CO., N.Y.," dated February 7,
1989, by T. G. Miller Associates, P.C., Engineers & Surveyors, a
copy of which map was filed March 24, 1989 in the Tompkins County
Clerk's Office in Drawer M of Maps, 100 and 101, and being more
particularly bounded and described as follows:
BEGINNING at a point in the centerline of the Slaterville
Road (New York State Route 79) in said Town, which point is at
the most easterly corner of Lot 1 as shown on said subdivision
map; thence South 64` 42' West (all bearings magnetic 1988),
passing through iron pipes at 33.4 feet, 228.9 feet, 431.9 feet,
and 497.1 feet, a total distance of 512.4 feet to an iron pipe;
thence North 351 33' West, passing through an iron pipe at 191.0
feet, a total distance of 199.7 feet to an iron pipe; thence
North 351.021 West, passing through iron pipes at 238.0 feet and
at 290.0 feet, a total distance of 510.0 feet to an iron pipe set
in the apparent center of a creek; thence easterly along the
centerline of a creek, a chord bearing North 73` 31' East, a
chord distance of 361.1 feet, a distance of 363 feet more or
less, to a point marked by an iron pipe; thence South 33` 10'
East a distance of 166.0 feet to an iron pipe; thence South 56`
56' West a distance of 41.7 feet to an iron pipe; thence South
34` 24' East, passing through an iron pipe at 24.5 feet, a total
distance of 48.5 feet to an iron pipe; thence North 89` 37' East
a distance of 5 feet to an iron pipe; thence South 301 07' East a
distance of 119.7 feet to an iron pipe; thence North 72` 45' East
a distance of 8.6 feet to an iron pipe; thence South 34` 03' East
a distance of 100.0 feet to an iron pipe; thence North 72` 44'
East a distance of 127.0 feet to an iron pipe; thence North 54`
29' East, passing through an iron pipe at 61..5 feet, a total
distance of 94.5 feet to the centerline of Slaterville Road;
thence South 34` 01' East along the centerline of Slaterville
Road a distance of.205.8 feet to the point or place of beginning.
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LIBER ` 33 F c t i P
RESOLVED, that the boundaries of said Winners Circle
Subdivision Lighting District are as set forth on Schedule A
attached to this resolution; and be it further
RESOLVED, that the following improvements in said district
be constructed upon the required arrangements being made
with New York State Electric & Gas Corporation: three (3)
lights and associated poles, brackets, wiring and cable; and
be it further
RESOLVED, that the proposed improvements, including costs of
rights of way, construction costs, legal fees, operating
expenses, maintenance, and other expenses, shall be financed
as follows: each of the lot owners in said Winners Circle
Subdivision shall be assessed a proportionate share of the
annual cost of, operating and maintaining said lighting
system, the Town Board determining that each lot owner is
benefitted substantially equally and therefore until
otherwise determined by the Town Board, the cost of the
installation, operation and maintenance of said lighting
district to be borne by each lot owner paying one -sixth or
16.666% of said cost annually; and be it further
RESOLVED, that the Town Clerk be and she hereby is
authorized and directed to file a certified copy of this
resolution, in duplicate, in the Office of the State
Department of Audit and Control at Albany, New York, within
ten days after the adoption of this resolution; and be it
further
RESOLVED, that pursuant to the terms of the aforesaid
resolution and in accordance with Town Law Section 194 it is
hereby
ORDERED, that a lighting district be established in the said
Town of Ithaca, Tompkins County, New York, as described in
the foregoing resolution, to be designated as Winners Circle
Subdivision Lighting District, to have the description and
boundaries set forth on Schedule A annexed to this
resolution and order; and it is further
ORDERED, that the Town Clerk of the Town of Ithaca is hereby
authorized and directed to cause a certified copy of this
order to be duly recorded in the Office of the Clerk of
Tompkins County in which the Town of Ithaca is located,
within ten days after the adoption of this order; and it is
further
ORDERED, that the Town Clerk is hereby authorized and
directed to file a certified copy of this order in the
Office -of the State Department of Audit and Control, Albany,
New York, within ten days after the adoption of this order.
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�uBER ` 33 ��� 1115 •
Dated: June 12, 1989
The undersigned, Jean H. Swartwood, the Town Clerk of the Town of
Ithaca, does hereby certify that the foregoing resolutions are a
true and correct copy of resolutions duly adopted by the Town Board
of the Town of Ithaca at a meeting duly called and held on June
1989
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Tompkins County, ss: ,•
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