The URL can be used to link to this page

Home My WebLink About587335-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 5 (including this cover page) Receipt No. 587335 Date: 02/10/2012 Time: 03:40 PM Document Type: MISC RECORDS Parties To Transaction: TOWN OF ITHACA Town/City: Deed Information Taxable Consideration: State Transfer Tax: County Transfer Tax: Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Instrument Number *587335-001 * Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax:- RETT No.: Additional Mortgage Tax: Local Mortgage 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. �� e V&_ t- - - Tompkins Count)f Clerk Please do not remove this page. TB RESOLUTION NO. 2012 — 011: ADOPT PUBLIC INTEREST ORDER REGARDING THE PENNY LANE WATER MAIN REPLACEMENT WATER IMPROVEMENT At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 9th day of January, 2012, at 5:45 o'clock P.M., Prevailing Time. In the Matter of A Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Penny Lane Water Main Replacement Water Improvement. WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be -known and identified as the Town of Ithaca Penny Lane Water Main Replacement Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 12, 2011, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 9th day of January, 2012 at 5:45 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, 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 such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on January 9, 2012, the Town Board has determined approval, construction and implementation of the Improvement are a Type II Action pursuant to the regulations of the New York State Department of 01/09/2012 Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Penny Lane Water Main Replacement Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Penny Lane Water Main Replacement Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: Replace 700 feet of existing ductile iron main with new 8" water main made of Polywrapped Ductile Iron pipe. New valves, hydrant connections and related ancillary facilities will be placed as necessary, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Penny Lane Water Main Replacement Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca water improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $ 150,000, which shall be financed as follows: expenditure of current revenues and surplus funds from water rates from the Town of Ithaca water system benefited area, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, that the estimated expense of the aforesaid Improvement does not exceed one -tenth of one per cent of the full valuation of the 0 uo9/2012 2 taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes _effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, Aye; Bill Goodman, Aye; Pat Leary, Aye; Eric Levine, Aye; Tee -Ann Hunter, Aye; Rich DePaolo, Aye and Nahmin Horwitz, Aye. The Order was thereupon declared duly adopted. 01/09/2012 3 AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Paulette Terwilliger, being duly sworn, deposes and says: 1. I am the duly appointed and acting Town Clerk of the Town of Ithaca, New York (the "Town"). 2. On the 91h day of January, 2012, the Town Board of the Town duly adopted the following resolution establishing and authorizing: TB Resolution No. 2012-011: Adopt Public Interest Order Regarding the Penny Lane Water Main Replacement Water Improvement 3. Said resolution was subject to permissive referendum. 4. Within 10 days after the adoption of the resolutions aforesaid, I did, in the same manner as provided for a notice of special election, post and publish notices setting forth the date of the adoption of the aforesaid resolution together with an abstract of such resolution, concisely stating the purpose and effect thereof and that said resolution was adopted subject to a permissive referendum. 5. More than 30 days have elapsed since the adoption of said resolution and the posting and publication of the aforesaid notice and no petition protesting against such resolution and requesting that it be submitted to the qualified electors of th own for their approval or disapproval has been filed with the deponent as Town ClerX. Paulette Terwilliger Town Clerk Sworn to before me this 10`h day of February, 2012 79 Notary Publi Debra DeAugistine Notary Public - State of New York No. 01 DE6148035 Oualified in Tompkins County / ft'Cbmmission Expires June 19, 20 /