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Home My WebLink About490808-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 6 Receipt No. 490808 DATE: 05/19/2006 Time: 03:03 PM Document Type: MISC RECORDS INSTRUMENT NUMBER *490808-001* Delivered By: WIGGINS & MASSON, LLP Return To: WIGGINS & MASSON, LLP 308 N TIOGA ST PO BOX 399 ITHACA, NY 14851 Parties To Transaction: BUTTERMILK VALLEY ESTATES Deed Information Mortgage Information Consideration: Mortgage Amount Transfer Tax: Basic Mtge. Tax: RETT No: Special Mtge. Tax: Additional Mtge. Tax: State of New York Tompkins County Clerk Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 OFFICIAL ABANDONMENT OF A SUBDIVISION (to be Noted to Warranty Deed, instrument number 483131-002) This filing is made to confirm the abandonment of the Buttermilk Valley Estates Subdivision, Town of Ithaca, County of Tompkins, State of New York. The Planning Board fo the Town was notified of the intent to abandon the subdivision plan on May 2005. On June 7, 2005 the Planning Board adopted PB Resolution No. 2005-064 which rescinded all previous approvals for the "Buttermilk Valley Estates" Subdivision. (Attached copy of May 23, 2005 correspondence and PB Adopted Resolution 2005-064) Thereafter, on August 3, 2005 the land for the former subdivision plan was conveyed by Warranty Deed, as a single parcel, to Kaethe Bessou, Nathalie Bessou and Xavier Bessou. Per my contacts with the County Department of Assessment this single parcel is now known as 36.-1-6.2. Notation to be made to Warranty Deed, instrument number 483131-002. Dated: W iggms Sworn to before me this /? W1 day of May, 2006 Nota ublic TERRI L UMES Notary Public, State of New lbrk Quell ed nlBroome683 County Commission. Expires March 31, 20 FILE s ' DATE g os- ADOPTED RESOLUTION: PB RESOLUTION NO.2005-064 Preliminary and Final Subdivision Approval Wiggins 2-Lot Subdivision and Rescinding Previous Approvals of Buttermilk Valley Estates Subdivision 1150-1154 Danby Road Tax Parcel No.'s: 36-1-4.2, 36-1-6.1 thru 6.15, and 36-1-6.70 and 6.71 Planning Board, June 7, 2005 MOTION made by Board Member Talty, seconded by Board Member Mitrano. WHEREAS: This action is consideration of Preliminary and Final Subdivision Approval for the proposed consolidation of existing lots and subsequent 2-lot subdivision located at 1150-1154 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 36- 1-4.2, Planned Development Zone No. 1, Low Density Residential Zone, and Conservation Zone. The proposal involves subdividing the +/- 54.61 acre parcel into one +/- 14.74 acre parcel containing the existing John Thomas Steakhouse and La Tourelle Country Inn development and one +/- 39.87 acre parcel which is currently vacant and will be consolidated with adjacent properties to the south and east (Buttermilk Valley Estates Phase I Subdivision) creating a single parcel fronting on Danby Road. The Planning Board as part of this proposal will consider rescinding all previous approvals granted for the "Buttermilk Valley Estates Subdivision". Walter J. Wiggins, Owner/Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on June 7, 2005, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, and 3. The overall Buttermilk Valley Estates Subdivision received Preliminary Subdivision Approval on June 4, 1996, and Phase I of the Buttermilk Valley Estates Subdivision received Final Subdivision Approval from the Town Planning Board on June 18, 1996, and this applicant acknowledges that this current subdivision and consolidation will remove all previous subdivision approvals and requirements relating to the Buttermilk Valley Estates Subdivision located on Danby Road, and 4. Several of the conditions of the Planning Board approval of the Buttermilk Valley Estates Subdivision were never met, and PB RESOLUTION NO. 2005-064 PAGE 2 5. Town Law Section 276 (7)(c) states that ..."conditional approval of the final plat shall expire within one hundred eighty days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed...", and 6. The Planning Board on June 7, 2005, has reviewed and accepted as adequate -a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey entitled "Survey Map — Lands of Walter J. Wiggins" dated 3/2005, revised May 2, 2005, prepared by Reagan Land Surveying, and other application materials. NOW, THEREFORE, BE IT RESOLVED: 1. The Town of Ithaca Planning Board hereby rescinds all previous approvals granted for the "Buttermilk Valley Estates" Subdivision, and all previously approved lots in said subdivision are hereby consolidated into Parcel "A" shown on the survey entitled "Survey Map — Lands of Walter J. Wiggins" dated 3/2005, revised May 2, 2005, and 2. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 3. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed 2 —lot subdivision and consolidation of Tax Parcel No. 36-1-4.2, located at 1150-1154 Danby Road, as shown on the survey map entitled "Survey Map — Lands of Walter J. Wiggins" dated 3/2005, revised May 2, 2005, prepared by Reagan Land Surveying, subject to the following conditions: a. revision of the Survey Map to show that Tax Parcel No.'s 36-1-6.1 through 6.15, 36-1-6.70 and 6.71, which are comparable to the lots that were approved in the Phase I Buttermilk Valley Estates Subdivision, are consolidated into the new Parcel "A" approved in this action, with the acreage of Parcel "A" to be re -labeled to include the area of the consolidated Phase I lots, and b. submission for signing by the Chairman of the Planning Board of an original or mylar copy of the final subdivision plat, and three dark -lined prints, all revised as above, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department. PB RESOLUTION NO. 2005-064 PAGE 3 A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The motion was declared to be carried unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Carrie Coates Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the attached resolution is an exact copy of the same adopted by the Planning Board of the Town of Ithaca at a regular meeting on the 7th day of June 2005. �k Ld Town of Ithaca WIGGINS AND MASSON, LLP ATTORNEYS AND COUNSELORS AT LAW 308 N. TIOGA ST. POST OFFICE BOX 399 ITHACA, NY 14851 WALTER J. WIGGINS ROBIN ABRAHAMSON MASSON JASON S. CRANE May 23, 2005 Michael Smith Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 RE: LaTourelle Expansion Dear Michael: u MAY 23 W TOWN OF ITHACA PiANtt4",JG, ZON.2, ENGINEERING (607) 272.0479 TELECOPIERt (607) 273.0502 e-mail: law@wigginsandmasson.com tSERVICE BY FAX NOT ACCEPTED This letter is intended to confirm that with respect to my application for a subdivision of the land owned by me in the Town of Ithaca known as the LaTourelle and Buttermilk Valley subdivision property, it is my intention to divide the total 70 acres ± into two separate parcels. I will retain the premises known as the LaTourelle hotel property containing approximately 20 acres upon which there is located the John Thomas Restaurant, the LaTourelle hotel and tennis courts and the yellow barn containing four apartments. 1 intend to transfer the balance of the property containing 50 acres ± to my daughter, Kaethe Bessou, and my grandchildren, Xavier Bessou and Nathalie Bessou. The property to be transferred will be held by them as joint tenants with the right of survivorship. The 50 acre parcel surrounds the LaTourelle premises on the north, west and south and it has access to Route 96B through the Buttermilk Valley subdivision which fronts upon 96B (366 feet ±). Upon completion of the transfer, all of the premises surrounding the LaTourelle 20- acre parcel will be combined into a single tax parcel. I trust this information will clarify any questions the Board may have concerning this application for approval of the subdivision consisting of two parcels of land. One being the LaTourelle 20-acre parcel being retained by me and the balance of the land surrounding it to be transferred to my family members as above described. Respectfully submitted, Walter J. Wiggins WJW/emh