HomeMy WebLinkAbout1992-06-22 99
1 Public Hearing - WDFD
June 22 , 1992
TOWN OF DANBY
PUBLIC HEARING
June 22 , 1992 - 7 : 00 P . M .
P UBLIC HEARING - PROPOSED CONVEYANCE BY THE TOWN OF DANBY TO THE
DANBY FIRE DISTRICT OF CERTAIN REAL PROPERTY ACQUIRED FOR USE BY
THE WEST DANBY WATER DISTRICT
P RESENT :
Supervisor Oltz
Councilpersons : Marisa , Schwartz
ABSENT :
Councilpersons : Hile , Miller ( Excused )
O thers Present :
Attorney - Nelson Roth
Code Enforcement Officer - Susan Beeners
Town Clerk - Carol Sczepanski
P lanning Board Chair - Nancy Weitzel
H ighway Superintendent - William Hall
N . Y . S . D . E . C . Representative - Robert Demeree
Members of the Public :
George Armstrong , Kirk Martin , Wendy Martin , Stephen Martin ,
J uddson Leonard , Phillip Kelly , Jr . , Melvin Westmiller , Carl
S eamon , Earl Colburn , Roy Casterline , Joanne Koval , John Koval ,
Robert Miller , Carolyn M . Miller , Betsy Wohl , Steven Weissburg ,
G ene Hartquist , Wanda Grumberg , Bill Farrell , Earnest Ferris
The public hearing was called to order by Supervisor Oltz at 7 : 10
P . M . and the following notice of publication was read :
NOTICE OF PUBLIC HEARING
N OTICE IS HEREBY GIVEN that a public hearing will be held by the
Town of Danby Town Board on Monday , June 22 , 1992 at 7 : 00 P . M . ,
1830 Danby Road , Ithaca , New York 14850 . Purpose of hearing is to
hear all interested persons regarding the proposed Conveyance of
Town of Danby property to the Danby Fire District of certain real
property acquired for use by the West Danby Water District .
At such time and place all persons interested in the subject matter
thereof will be heard concerning the same .
A special meeting of the Town of Danby Town Board will follow the
public hearing .
By Order of the Town Board
Carol W . Sczepanski / Town Clerk
Date : June 9 , 1992
Published : June 11 , 1992
Phillip Kelly of the West Danby Fire Department asked why the Fire
District was going to pay as consideration for the Property an
amount of Seven Thousand dollars instead of the pump as cited in
Resolution No . 53 of 1991 .
Supervisor Oltz explained that the Fire District must pay the
appraised value of the property for the conveyance . The money can
be put into an account for the purchase of a pump .
Juddson Leonard reported that a public hearing will be set soon
regarding the West Danby Water District Conveyance of property to
the Fire District .
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2 Public Hearing - WDFD
June 22 , 1992
Motion to Close Public Hearing :
A motion was made by Supervisor Oltz and seconded by Councilperson
Schwartz to close the Proposed Conveyance by the Town of Danby to
the Danby Fire District Public Hearing at 7 : 15 P . M .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
Carol W . Scz nski
Town Clerk
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1 Public Hearing Minutes
June 22 , 1992
TOWN OF DANBY
TOWN BOARD PUBLIC HEARING MINUTES
June 22 , 1992
PUBLIC HEARINGS :
CONSIDERATION OF CONSENTING TO THE FILING , BY THE TOWN OF DANBY
H IGHWAY SUPERINTENDENT , OF DESCRIPTIONS OF CERTAIN HIGHWAY RIGHTS
OF WAY DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW
ARTICLE 8 , SECTION 205 , PARAGRAPH 1
PRESENT :
Supervisor Oltz
Councilpersons : Marisa , Schwartz
ABSENT :
Councilpersons : Hile , Miller ( Excused )
O thers Present :
Attorney - Nelson Roth
Code Enforcement Officer - Susan Beeners
Town Clerk - Carol Sczepanski
P lanning Board Chair - Nancy Weitzel
H ighway Superintendent - William Hall
N . Y . S . D . E . C . Representative - Robert Demeree
Members of the Public :
George Armstrong , Kirk Martin , Wendy Martin , Stephen Martin ,
J uddson Leonard , Phillip Kelly , Jr . , Melvin Westmiller , Carl
Seamon , Earl Colburn , Roy Casterline , Joanne Koval , John Koval ,
Robert Miller , Carolyn M . Miller , Betsy Wohl , Steven Weissburg ,
G ene Hartquist , Wanda Grunberg , Bill Farrell , Ernest Ferris
PUBLIC HEARING NO . 1 - 7 : 15 P . M . - Eastman Hill Portion
Public Hearing No . 1 was called to order by Supervisor Oltz at 7 : 15
P . M . An affidavit of Service by mail was submitted for the record .
Supervisor Oltz read the following notice of publication .
NOTICE IS HEREBY GIVEN that the Town Board shall hold Public
H earings on Monday , June 221 1992 , at Town of Danby Town Hall , 1830
D anby Road , Ithaca , New York for Consideration of Consenting to
the Filing , by the Town of Danby Highway Superintendent , of
D escriptions of Certain Highway Rights of Way Deemed Abandoned
pursuant to New York State Highway Law Article 8 , Section 205 ,
Paragraph 1 , with the times of such Public Hearings and the
descriptions of such highway rights of way as follows :
7 : 15 P . M . Consideration of that portion of Eastman Hill Road
commencing 100 feet from the north edge of its intersection
w ith Heisy road and running northward 2700 + / - feet to the
n orthern Town of Danby / Town of Caroline town line , such
highway right of way having a width of 50 + / - feet .
Robert Demeree - Representing the New York State Department of
E nvironmental Conservation addressed the Town Board and asked as
prescribed in the provisions of the law that if it is indeed
abandoned , it be abandoned under 205 ( b ) which is a special section
o f law referring to town roads that access State Forest property .
H e asked the Town Board to refer this matter to counsel .
Mr . Demeree explained the difference between 205 and 205 ( b ) as
unqualified abandonment states that the highway returns to the
owners , abuters have the rights of way but theyalso have the right
to put up gates and barriers . Section 205 ( b ) states that no gates
o r barriers can be erected to prevent access of the public to the
public land . He .: asked the ' Town to _ keep the roads open for
access of the public to the public land .
Susan Beeners explained that we are going to retain sections of
✓ oads that actually abut or go through State Forest Lands on the
Heisey Road Right of Way and Eastman Hill Rights of Way .
Mr . Demeree said that his statementswere not germane to Heisey Road
but are to Hill Road and LaRue Road . He said that his comments
were directed at the roads that go through State Forests .
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2 Public Hearing Minutes
June 22 , 1992
Steven Martin - RD # 2 Candor , NY - addressed the Board and said that
he owns a parcel of land at the southeast corner located on Town
of Danby Tax Parcel # 21 . - 1 - 19 beyond the State Forest Line . He is
requesting that whenever legislative action is taken on the
abandonment that he be able to retain the right of way of entry .
Mr . Martin is worried that in the future he may be denied access .
Attorney Roth read NYS Highway Law Article 8 , Section 205 ,
Subparagraph 1 , and said that the Board is just confirming that
abandonment . He explained the difference between Section 205 ,
Subparagraph 1 and Section 205 , Subparagraph 2 .
Mr . Demeree said that he was here to see that the roads that either
✓ un through State Forest or to State Forest will have no gates or
barriers as stated in Section 205 ( b ) .
Highway Superintendent William Hall said that the roads had not
been maintained for a number of years and that is the reason for
o fficially abandoning them now .
Susan Beeners said that once a road has not been worked for a
period of six ( 6 ) years it is deemed abandoned . The abandonment
o f the road is a ministerial act .
Attorney Roth explained that that we need to look at the original
deeds to the roads . If the title to the roads vested in the Town
at the time it became a public road , then the road stays a road
w ith the sense that any abutting property owner has a right of way
o ver it . If the road was simply acquired by easement from the
abutting property owners giving the Town a legal right to use it
then that property reverts back to the abutting property owners .
Mr . Koval - said that he does not have other access to his
property .
Councilperson Schwartz suggested that we write something in here
so that this property owner is not denied access to his land .
Mr . Demeree - said that abutters never lose their rights to access .
Attorney Roth - explained that this public hearing relates to
Section 205 ( 1 ) - - if the road has been abandoned you would as a
Town Board be confirming that abandonment . A qualified abandonment
is really a lesser standard of abandonment which occurs when the
road hasn ' t been used by more than two ( 2 ) vehicles per day for a
specified period of time .
Mr . Demeree - - said he is here to see that the roads that are
abandoned that run to State Forest have no gates or barriers as
under Section 205 ( b ) .
Councilperson Schwartz said that he wants to be sure that when we
abandon a road we do not cut someones access to their property .
MOTION TO CLOSE 7 : 15 PUBLIC HEARING - Eastman Hill Portion
A motion was made by Councilperson Schwartz and seconded by
Councilperson Marisa to close the 7 : 15 Public Hearing No . 1 Eastman
Hill Road portion at 7 : 20 P . M .
A roll call vote on motion was as follows :
Marisa Aye
S chwartz Aye
O ltz Aye Carried Unanimously
PUBLIC HEARING NO . 2 - 7 : 20 P . M . - Heisey Road Portion
The 7 : 20 P . M . Public Hearing was called to order by Supervisor Oltz
and the Notice of Publication was read :
7 : 20 P . M . : Consideration of that portion of Heisey Road
commencing 100 feet from the east edge of its intersection
with Eastman Hill road and running eastward 1815 + / - feet to
the eastern Town of Danby / Town of Caroline town line , such
h ighway right of way having a width of 50 + / - feet .
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June 22 , 1992
Robert Miller - of 823 Elmira Road , Ithaca , New York asked
permission to view the maps .
Wendy Martin - 97 Catatonk Hill Road , RD # 2 Candor , NY - addressed
the Board and asked what would be provided for maintenance on the
✓ oad and what happens to the market value of her property . She
pays taxes on a property that now has road frontage and public
access . ( Town of Danby Tax Parcels # 21 . - 1 - 19 , # 33 - 1 - 14 )
Steven Martin - R . D . # 2 Candor , NY - and reportedly requested the
approval of the Heisey Road as . a Qualified Abandonment as
specified . He said he is in the area on a limited basis to a wood
lot . On a good day you can drive it with a two wheel drive vehicle
but the road is very rutty past the New York State Forest and
g enerally accessible only with a four - wheel drive vehicle . He does
n ot think that this road has been graded for at least ten years .
Robert Demeree - New York State Department of Environmental
Conservation : - addressed the Town Board and said as prescribed in
N ew York State Highway Law that this section of Highway be
abandoned under Section 205 ( b ) under Qualified Abandonment . He
said he can and will render his request in writing to the Town and
the Highway Superintendent .
Attorney Roth - asked Mr . Demeree for a clarification if he was
saying that the Town has no right to abandon under Section 205 ( 1 )
and read a portion of Section 205 ( b ) .
Mr . Demeree explained that under section 205 ( 1 ) it was only
n ecessary to render access to adjacent landowners and not the
general public .
Mr . Demeree requested that the record of proceedings and decision
of any abandonment be sent to the Department of Conservation for
their records .
Susan Beeners commented that it appears that half of the section
that we are proposing to abandon is passable during the dry time
o f year . There is a trail that leaves the Heisey road right of way
that goes north .
Mr . Martin - said that Ms . Beeners analysis of that part of the
right of way to the east through the Heisey Road right of way does
n ot seem to exist at all . ( The trail eventually goes up over the
h ill and to the Coddington Road . ) The road was passable thirty -
years ( 30 ) ago and has all grown up now . The jeep trail has been
there only seven ( 7 ) or eight ( 8 ) years .
MOTION TO CLOSE 7 : 20 PUBLIC HEARING No 2 - Heisey Road Portion
A motion was made by Councilperson Schwartz and seconded by
Councilperson Marisa to close the 7 : 20 P . M . Public Hearing - Heisey
Road Portion .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
PUBLIC HEARING NO 3 - 7 : 25 P . M . - Tallow Road Portion - Section 1
7 : 25 P . M . Consideration of that portion of Tallow Hill Road ,
( portion also known as John Hill Road ) , here referred to as
" Section 1 " , commencing 1555 + / - feet north of the southern
Town of Danby / Town of Spencer town line , and running northward
7136 + / - feet to its intersection with John Hill / Howland Road ,
such highway right of way having a width of 50 + / - feet .
John Koval = 815 S . Danby Road - addressed the Board and said that
he owns property from the intersection of Tallow Hill and John Hill
Roads north 1400 feet and this is a working road . He uses this
road regularly as well logging trucks , farmers and the public . If
the Town closes the road down he will have no access to his land
1. 'Ft 4 Public Hearing Minutes
June 22 , 1992
in the back due to the creek and gorge that runs through the center
o f his land . The Town of Danby and the County were supposed to
fill in ruts and grade the road from the damage an oil company left
when sounding for gas . It has been twenty - two ( 22 ) years and he
h as not seen them there yet . He wants to be able to get to his back
lands . ( Town of Danby Tax Parcel # 29 . - 1 - 8 . 8 ) .
Joanne Koval - Asked what happens to the two ( 2 ) pieces of land
that have been sold on this road for building houses . She is
concerned that permits cannot be issued so that they can build
there . Abandonment would mean their land would become effectively
land locked and would be cutting off approximately eighty ( 80 )
acres of their land . She said that she would like to see building
in the future on this property .
Wanda Grunberg of 4 LaRue Road , Spencer , New York addressed the
B oard and commented that she has property close to the Tallow Hill
Road and she wishes to use that road to get to her land but the
✓ oad is in such poor shape she cannot use it . Nobody is taking
care of this road . She said she strongly urges the Town not
abandon this road as we are losing value of their property and we
pay taxes . She thinks the highway department should take care of
this road so that the property owners can use the road . ( Town of
D anby Tax Parcel # 29 . - 1 - 9 )
Residents John and Joanne Koval , and Wanda Grunberg said that they
fill in ruts on the roads with shovels so that they can get to
their property .
Attornev Roth_ - asked if the road had been used in the last ten
( 10 ) to fifteen ( 15 ) years .
The residents said yes and there are logging trucks as well using
the roads . One resident uses the road nine ( 9 ) months of the year
o n a regular basis .
E rnest Ferris - 167 Tallow Hill Road , Willseyville , New York ( Town
o f Candor Tax Parcel # 37 . - 1 . 24 ) said the Town promised to grade the
✓ oad off so he could get to his property about ten ( 10 ) years ago
but never did . He can only get to his property in the summer time .
Motion to close Public Hearing No . 3 - Tallow Hill Portion
Section 1
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to close the 7 : 25 Public Hearing No . 3 on
Section I - Tallow Hill Road .
A vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
P UBLIC HEARING NO . 4 - 7 : 30 P . M . - Tallow Hill Portion -
S ection 2
The 7 : 30 P . M . Public Hearing was called to order by Supervisor Oltz
and the following Notice of Publication was read :
7 : 30 P . M . : Consideration of that portion of Tallow Hill Road ,
here referred to as " Section 2 " , located 4380 + / - feet north
of the southern Town of Danby / Town of Spencer town line where
it intersects with " Section 1 " , and running eastward 1490 + /
feet to the eastern Town of Danby / Town of Candor town line ,
such highway right of way having a width of 50 + / - feet .
Joanne Koval - said that this is also on part of their land and
they have the same comments as made in previous hearing .
Ernest Fedrris of 167 Tallow Hill Road , Willseyville , NY ( Town of
Candor Tax Parcel # 37 - 1 - 24 ) a - addressed the Board and said we must
pay taxes on this property but cannot hardly get to it . If
somebody wanted to build on their land , a mile or so , they would
h ave a difficult time getting the Town to open the road . He has
to come up that way now in the spring time . When it drys out he
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June 22 , 1992
comes up Howland Road and John Hill Road . When it was fixed you
could use either access with no problem .
Robert Miller - ( Town of Danby Tax Parcel # 30 . - 1 - 10 . 2 , & # 30 . - 1 -
10 . 3 ) said it had been impassible for years . People have been
using his fields instead of the road . ( Mr . Miller was speaking of
Section 1 of Tallow Hill Road . )
One resident said he uses this road all the time and goes there to
get firewood .
H ighway Superintendent Wm . Hall said the Town had not worked that
road in the fourteen ( 14 ) years he has worked with the Town .
E rnest Ferris - commented that thirty ( 30 ) years ago the Town of
D anby made an agreement with the Town of Candor to work a section
of Tallow Hill Road . The Town of Candor worked a portion of this
road up until about fifteen ( 15 ) years ago .
Motion to Close Public Hearing No . 4 - Section 2 - Tallow Hill
P ortion - Section 2
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to close the 7 : 30 Public Hearing No . 4 -
Section 2 of Tallow Hill Road .
A vote on the motion resulted as follows :
Marisa Aye
S chwartz Aye
O ltz Aye Carried Unanimously
PUBLIC HEARING _NO 5 . - 7 : 35 P . M . - John Hill / Howland Road ( a . k . a .
Reed Road )
P ublic Hearing No . 5 was called to order by Supervisor Oltz and the
following Notice of Publication was read :
7 : 35 P . M . : Consideration of that portion of John Hill / Howland
Road ( also known as Reed Road ) , commencing at the west edge
o f its intersection with Tallow Hill Road ( a . k . a . John Hill
Road ) , and running easterly 1560 + / - feet to the eastern Town
o f Danby / Town of Candor line , such highway right of way having
a width of 50 + / - feet .
Code Enforcement Officer Susan Beeners described the portion of
J ohn Hill / Howland Road as completely impassable and presented the
public and Town Board with a map and description of the area .
Public Response by Mail
Mr . Gilbert W . Honsberger - Town of Danby Tax Map Parcel
# 29 . - 1 - 5 Submitted letter and a sketch of the roads in the
southeast corner of the Town of Danby . He referred to posted
notice of abandonment in 1930 of Cummings Road and a section of the
then Tallow Hill Road . Mr . Honsberger is requesting that the Town
inform him if any extensive widening of the roads is planned so
that he can remove or protect trees on his property .
E rnest Ferris - Tallow Hill Road - commented that this portion of
J ohn Hill / Howland Road has not been traveled since he was little
himself .
Motion to Close 7 : 35 Public Hearing No . 5 : - John Hill / Howland Road
( a . k . a . Reed Road )
A motion was made by Councilperson Marisa and seconded by
S upervisor Oltz to close the 7 : 35 P . M . Public Hearing No . 5 -
P ortion of John Hill / Howland Road .
A roll call vote on the motion resulted as follows .
Marisa Aye
Schwartz Aye
Oltz Aye Carried Unanimously
PUBLIC HEARING NO . 6 =7 : 40 P . M . - Old Road
P ublic Hearing No . 6 - 7 : 40 P . M . was called to order by Supervisor
O ltz and the following Notice of Publication was read :
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6 Public Hearing Minutes
June 22 , 1992
7 : 40 P . M . : Consideration of " Old Road " commencing at its
intersection with Spencer Road ( N . Y . S . Route 34 / 96 ) 275 + / -
feet from the southern Town of Danby / Town of Spencer town
line , and running eastward 2250 + / - feet to its intersection
with Hill View ( also known as Center Schoolhouse ) Road , such
highway right of way having a width of 50 + / - feet .
Code Enforcement Officer Susan Beeners presented the public with
a map and described the area to be abandoned . This right of way .
is located in the southwest corner of Danby off from Hillview Road
n ear the landfill . There is little or no evidence that the right
o f way has been used or that a road exists .
She has been in contact with William Mobbs , Tompkins County
Commissioner of Public Works , and he said that in his twenty ( 20 )
o r so years of service , to his knowledge , the rights of way under
consideration had never been regarded as potentially important to
the County and their abandonment was not deleterious to County
interests .
Susan Reported that the property owner on the south edge of this
n ear Spencer Road ( Mr . Adler ) voiced no objection .
Motion to Close Public Hearing No . 6 - Old Road
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to close the 7 : 40 Public Hearing No . 6 . - Old
Road .
A roll call vote on the motion resulted as follows :
Marisa Aye
S chwartz Aye
O ltz Aye Carried Unanimously
ADJOURNMENT :
The public hearing portion of the meeting adjourned at 9 : 10 P . M .
aeolai ->X5d91-adl-fac:
Carol W . Sczepa* ki , Town Clerk
phm - 6 - 22 . 92
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1 Town Board Minutes
June 22 , 1992
TOWN OF DANBY
TOWN BOARD MEETING
Special Meeting 9 : 13 P . M . June 22 , 1992
P RESENT :
Supervisor Oltz
Councilpersons : Marisa , Schwartz
O thers Present :
Town Clerk - Carol Sczepanski
A special meeting of the Town Board of the Town of Danby was held
following public hearing on June 22 , 1992 at 9 : 13 P . M . to consider
the proposed conveyance by the Town of Danby to the Danby Fire
D istrict of Certain Real Property Acquired for Use by the West
D anby Water District .
RESOLUTION NO . 47 of 1992
CONVEYANCE BY THE TOWN OF DANBY TO THE DANBY FIRE DISTRICT OF
CERTAIN REAL PROPERTY ACQUIRED FOR USE BY THE WEST DANBY WATER
D ISTRICT
B y Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , the Town of Danby acquired certain real property by deed
dated September 13 , 1968 and recorded September 27 , 1968 in the
Tompkins County Clerk ' s Office in Liber 477 of Deeds at Page 998 ,
which property is described in more particular detail on Schedule
A which will be revised to include a description of the right of
way . Schedule A is annexed hereto and made a part hereof ( the
" Property " ) ; and
WHEREAS , the Property was acquired in accordance with the terms of
Town Board Resolution No . 12 of October 5 , 1967 , and Town Board
Resolution No . 5 , of April 8 , 1968 ; and
WHEREAS , the Town of Danby acquired the Property on behalf of the
West Danby Water District , for use by the West Danby Water District
in connection with the establishment and operation of its water
d istribution facilities ; and
WHEREAS , the acquisition of the Property by the Town was for a
proprietary use by the Town and not for a public use , and therefore
the Town ' s acquisition of the Property did not create a public
trust on the Property that may have made the Property inalienable
in the absence of State legislative authority to the contrary ; and
WHEREAS , the West Danby Water District and the Town have both
determined that the Property is not necessary for the purposes for
which Property was acquired by the Town ; and
WHEREAS , the Town desires to sell , transfer and convey the
Property ; and
WHEREAS , the Danby Fire District has expressed an interest in
acquiring the Property from the Town ; and
WHEREAS , the Town has obtained an appraisal of the Property
prepared by a licensed real estate appraiser with experience in
appraisal of properties such as the Property in the Tompkins County
area ; and
WHEREAS , said appraisal has determined that the value of the
Property currently is Seven Thousand and 00 / 100 ( $ 7 , 000 . 00 )
Dollars ; and
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2 Town Board Minutes
June 22 , 1992
WHEREAS , the Danby Fire District is willing to pay as consideration
for the Property the amount of Seven Thousand and 00 / 100
( $ 7 , 000 . 00 ) , and
WHEREAS , the Town Board has duly conducted a public hearing on the
matter of the conveyance by the Town of the Property to the Danby
Fire District , and no substantial objections to such conveyance
were presented during said public hearing ; and
WHEREAS , in accordance with the provisions of Section 64 ( 2 ) of the
Town Law of the State of New York , the Town may convey real
property such as the Property following adoption of a resolution
in favor of the conveyance , which resolution shall be subject to
a permissive referendum .
NOW , THEREFORE , be it enacted by the Town Board of the Town of
D anby as follows :
The Town shall sell , transfer and convey all of the Town ' s
right , title and interest in and to the Property to the Danby Fire
D istrict for the consideration of Seven Thousand and 00 / 100
( $ 7 , 000 . 00 ) Dollars , and the closing of this conveyance shall take
place at such time and place as is mutually convenient to both
parties , and
further , the Town Supervisor shall have , and is hereby
g ranted , all power and authority necessary to execute and deliver
all such documentation as may be necessary or appropriate to effect
such conveyance , and
further , this resolution shall be subject to permissive
✓ eferendum , in accordance with the provisions of Sections 90 and
91 of the Town Law , and
further , this resolution is adopted by the Town board in
accordance with the terms of Section 64 ( 2 ) of the Town Law , and
further , conditions on the Town of Danby obtaining any release
o r approval that may be necessary from the holder of the bonds that
was issued to finance the Town acquisition of the Property , and
further , subject to the Town Attorney ' s review and revision
o f the legal description of the Property , and
further , subject to the legal description of the right of way
to conform with the existing right of way .
A roll call vote on the resolution resulted as follows :
Marisa Aye
Schwartz Aye
Oltz Aye
Carried Unanimously
ADJOURNMENT :
On a motion the meeting was adjourned at 9 : 20 P . M .
-12 data/Carol W . S panski
Town Clerk
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109
Town Board Minutes
Annexto Resolution # 47
West Danby Water District
Conveyance of Land
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate , lying and being in the Town of
Danby , Tompkins County , New York and bounded and described as follows :
BEGINNING at a point in the southerly line of a strip of land , which strip is a portion
of the parcel deeded to the Town of Danby by deed recorded in the Tompkins County Clerk ' s
Office at Liber 477 of Deeds , Page 998 , within which strip lies an existing gravel road bed ,
which road bed is also known as Sylvan Road , and which point lies the following courses and
distances from a point in the centerline of New York State Routes 34 & 96 , which point lies 425
feet , more or less northerly of the south line of Lot 4 :
South 87 ° 28 ' West 136 feet to a point marked by an iron pipe ; thence
North 59 ° 06 ' West 271 . 5 feet to a point marked by an iron pipe ; thence
South 81 ° 46 ' West 815 . 0 feet to a poet marked by an iron pin ; thence
South 08 ° 52 ' West 26 feet to a point marked by an iron pin ; which is the point or place
of beginning ; thence
South 08 ° 52 ' West , a distance of 465 . 4 feet , passing through a point marked by an iron
pin at a distance of 225 . 4 feet , to a point marked by a pin , which point is the southeasterly
corner of the herein described premises ; thence
North 81 ° 08 ' West , a distance of 370 . 0 fed to a point marked by an iron pipe , which
point is the southwesterly corner of the herein described premises ; thence
North 08 ° 52 ' East , a distance of 351 . 6 feet to a point marked by an iron pipe, which
point is the northwesterly corner of the herein described premises ; thence
North 81 ° 46 ' East , a distance of 387 . 1 feet to the point or place of beginning .
The herein described parcel is identified as the " Parcel To Be Conveyed For Proposed
New Fire Station By Town of Danby , P/O Deeds Book 477 , Page 998 , P/O Tax Parcel 18 - 1 -
17 . 1 , Area Equals 3 . 47 Acres , " on that certain survey map entitled " Portion of Lands of Town
of Danby , Town of Danby , Tompkins County , N . Y . , " dated September 26 , 1991 , prepared by
T . G . Miller , P . C . , Engineers & Surveyors .
•