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HomeMy WebLinkAboutBF153662-0014 C` RESOLUTION t* 27' ow 313 RESOLUTION FOR EXCHANGE OF PROPERTY BETWEEN THE TOWN OF ITHACA AND MILLARD A. BRINK AND LUCILLE D. BRINK LOCATED ON SEVEN MILE DRIVE, SUBJECT TO A PERMISSIVE REFERENDUM. WHEREAS: 1. The Town of Ithaca is the owner of a parcel of land fronting on Seven Mile Drive in the Town, containing a total of approximately 11k acres, which was conveyed to the Town by Iva C. Marion by deed dated September 3, 1976, Book 553 Deeds page 739 and is shown on the survey map made by Carl Crandall dated May 10, 1943, a copy of which is attached to said deed. That portion of the above property which lies north of the brook shown on the map is being used for the Town Highway facilities. 2. Millard A. Brink and Lucille D. Brink are owners of a parcel of land which is immediately adjacent on the north to the Town property as described above, which parcel was conveyed to Millard A. Brink and Lucille D. Brink by Helen M. Rose by deed dated June 24, 1978 Book 595 Deeds page 20. This parcel is shown on the survey map of the Helen M. Rose property made by R. L. Mac Dowell, Jr., licensed surveyor, on June 6, 1978 and was filed on June 22, 1978 in the Map Vault Box VIII in the County Clerk's Office. The Town proposes to convey to Millard A. Brink and Lucille D. Brink a portion of the Town's property substantially described as follows: Beginning at the southwest corner of the Town's parcel; running thence northerly along the division line between other lands of Brink on the west and the Town parcel 285 feet more or less to the center of a brook which is shown on the first above referred to map; thence southeasterly along the center of the brook to the south line of the Town's property (being also a north line of other lands of Brink's); thence westerly along the division line between the Town um 27 to 314 parcel and the Brink parcel approximately 829.6 feet to the place of beginning. The foregoing parcel has not been used for purposes of the Town Highway facilities. The Town Superintendent of Highways and the Town Engineer have both determined that the parcel of land proposed to be sold to the Brinks is not particularly useful or adoptable for purposes of the Town Highway facilities or any other Town purpose. 3. In exchange for the conveyance to them by the Town of the parcel of land described in the preceding paragraph, Brink proposes to convey to the Town a parcel of land substantially described as follows: Beginning in the north line of the said lands owned by the Town of Ithaca as described above located about 412 feet west from the centerline of Seven Mile Drive; thence west along the division line between the lands of the two parties 942 feet to a point; thence north 105 feet to a point; thence east 942 feet to a point in the west line of a parcel now or formerly owned by Ethel V. Boyce, see deed from Ethel V. Moon dated September 6, 1956, 391 Deeds 545; thence south along the west line of said Boyce property 105 feet to the point of beginning. The Town Highway Superintendent and the Town Engineer both recommend to the Town that the parcel, which the Brinks will convey to the Town, will be much more useful and adaptable for the purposes of the Town Highway facilities or any other Town purpose than the parcel which the Town proposes to convey to Brink. 4. No cash will be paid by either party to the other. The sole consideration will be the exchange of the two parcels. IT IS RESOLVED AS FOLLOWS: A. The Town agrees to convey to Brink the parcel which, is substantially described in paragraph 2 above. This conveyance will be made,on condition that Brink conveys to the Town of Ithaca the parcel which is substantially described in paragraph 3 above. 11 1 RESOLUTION: i �i I iE US B. Brink will convey a good and marketable title to the parcel free and clear of all liens and encumbrances except as to a right-of-way granted to New York State Electric & Gas Corporation by two instruments recorded in Liber 215 of Deeds at page 532 and 437 of Deeds at page 469 provided that the Town Engineer determines that the existence of said rights -of - way will not affect the use of the land by the Town as part of its highway facilities. Brink will convey title by warranty deed with lien convenant. C. The Town will convey a good and marketable title free and clear of all liens and encumbrances. Conveyance will be by covenant against grantor deed. D. This resolution is subject to the execution of an agreement of purchase and sale between the Town and the Brinks to the satisfaction of the Town Attorney and the Town Supervisor, which shall also include provisions for the exchange of title searches as the Town Attorney shall determine. The Town Supervisor is authorized to sign such agreement and the deed •and such other documents as may be required to complete the transaction. E. This resolution is subject to a PERMISSIVE REFERENDUM. STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF ITHACA -' by that the foregoing I, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, `yso/ resolution is a true and exact copy of a resolution duly adopted by `�(,sAaid�, p* of Ithaca at a emeeting held on the Q day of ; -�$ `.`����� OF , 19JFjK, and that the same is a complete copy of the whole of such �o�iesofut►oti:• ;s'y�=, � �M 94 MV q�S VHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, Neer YQIk Els•>f /O` day of , 19 8 Clerk oft Town of Ithaca Wlionron lau Book Ca. Rachrtw, N.Y. IMOi