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it@ER 34 PAGE 679
RESOLUTION
WHEREAS, the Town of Ithaca may have an interest in certain
real property located in the Town of Ithaca, County of Tompkins
and State of New York, being a parcel of land that had been
intended to be the section of Sharlene Road lying south of the
southerly right-of-way line of Tudor Road as extended across
Sharlene Road as shown on a map entitled "Boundary and
of aSa
Map -Eastern Heights Subdivision -Section 2," made by
MacNeill, Jr., Licensed Surveyor, dated May 7, 1968, as revised,
a copy of which was filed in the Tompkins County Clerk's Office
on March 19, 1969 in Map File F-7 at page 35, which parcel is
approximately 60' x 150'; and
WHEREAS, said section of Sharlene Road has never been
improved as a roadway or used as a roadway and it does not
provide access to any other public" -"street, nor does it provide
access to any other lots that do not already have access to a
public street; and
WHEREAS, said section of Sharlene Road no longer serves a'
useful public, purpose except as a rigy for
a pr forsas .
water main which use can be more appropriately Pr
set forth below; and
WHEREAS, it is in the best interest of the public to convey
the Town of Ithaca's rights, if any, in and to said section of
Sharlene Road for good and valuable consideration, subject to
certain restrictions.
NOW THEREFORE, be it resolved by the Town Board of the Town
of Ithaca that:
1. The Town of Ithaca shall offer to sell its interest, if
any, in the above described parcel of land to the highest bidder
upon sealed bids pursuant to the following terms:
dd for the parcel shall be the
A,
B.
C.
0 D .
The only qualified bi ers
owners of the lots adjoining the parcel. property must be
All sealed bids for purchase of the prop y
filed with the Town Clerk of the Town o Ithaca on or
before 4:30 P.M. on the tenth day following t
he
effective date of this Resolution.
The terms of such sale shall be as set forth in the
'proposed Contract of Sale which is attached hereto as
Exhibit A and incorporated fherein;
such and
the
of succSalessful
bidder shall sign a copy
and
make the deposit as required in the Contract of Sale
within ten (10) days of being notified that he or she
was the successful bidder.
The Town of Ithaca reserves the right to reject any and
all bids for any reason whatsoever.
IIBER 34 PuE 68U
2 . The transfer of the parcel to the successful bidder
shall be subject to the following terms and conditions:
A. The Town will transfer its interest by quit claim deed
only and no warranty of title will be made.
B. The transfer will except and reserve a ten -foot (10')
wide water main easement to maintain a proposed water
main; such easement shall run along the eastern edge of
the boundary of the parcel to be conveyd. There shall
also be excepted and reserved a temporary easement of
twenty feet (20') for the construction and installation
of the water main, which temporary easement shall
terminate once the main is in place.
C. The deed will contain restrictive covenants
prohibiting: 1) the erection of any structures or
improvements on the parcel to be conveyed other than
those necessary for public utilities, and 2) the sale,
mort,gage.or other transfer of the parcel without either
the transfer of the adjoining lot to the same
transferee or subdivision approval by the Town of
Ithaca Planning Board.
3. The Town Clerk is directed to send notice of this
Resolution to the owners of the three (3) adjoining parcels as
shown by the most recent tax assessment records for the Town of
Ithaca.
4. The effective date of this Resolution shall be the
thirtieth day after its adoption; or, if within thirty (30) days
after its adoption there is filed with the Town Clerk a petition
meeting the requirements of Article 7 of the Town Law, then this
Resolution shall not be effective until approved by the
affirmative vote of a majority of the qualified electors of the
Town voting on such proposition as provided for in Article 7 of
the Town Law. If such a petition is filed, the Town reserves the
right to amend or repeal this Resolution by further resolution of
the Town Board.
5. The Town Clerk is directed to publish and post this
Resolution, or an abstract of it, in accordance with law.
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uBER 34 PuE 681
STATE OF NEW PORK t
00(MY OF VMPKnis t ss:
T M of ITHFCA t
I, Jean H. Swartwood, Town Clerk of the Town of Ithaca do hereby i
certify that the foregoing resolution is a true and exact copy of a
resolution adopted by the Town Board of said Town of Ithaca at a
Regular minting held on the llth day of December, 1989, and that
the same is a eemplete copy of the whole of such resolution. j
IN WITNESS WFTMiDN, I have hereunto set my hand and the Corporate
. seal of the Town of Ithaca, New York, this 12th day of December,
1989.
C�er
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a IPA L :
A, `• N
d.
Tompkins County, ss: II p y of . I) *+ ,. .. 19..0 . '
Recorded on the ....j� �ti ......... ...; ,p............ of ..�yy,;,c,pc,••...............
„1. .��,,,•, o'clock • 5..•.M., in Liber .... '' •'
at pofle .......... and examine e'.A ��
...........k.79.. C,(,
,r lerk
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