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HomeMy WebLinkAbout030723-001BUYOUCOS & BARNEY ATTOIINare AT LAw SAVINGS MNA SYILOING ITHACA. NSW VOGII ISSSO 1.1ft US PAc•E 674 539 LFASP LtSSOR: TOWN OF ITNACA T,PSSF.F : FSTATE OF PF,ARL S. MTLLF.R DATF: February 14 , 1979 "UMISFS: 239 Forest Nome Drive. (See copv of attached survev made by Thomas n. Miller dated June 36, 1972, amended'June 12, 1978. This lease is entered into nursuant to a resolution adonted by the Town of Ithaca on January 29 , 1979. This lease relates to a propertv known as 235 Forest Home Drive in the ToxTn of Ithaca (tax parcel 66-4-11), being_ the Parcel conveyed by Christopher Lindley to Pearl S. Miller dated August 14, 1960, recorded in liber 431 of Deeds at page 123 (herein also referred to as the Miller parcel). The lease is on the following terms and conditions: 1. The lessor hereby leases to the lessee the small strips or Pores of land which lie directly under, and are occupied bv, that portion of the dwelling on the above described premises •Thich lies northerly of the line marked on the survev man reFPrred to above as "R/t.T", together with the right to maintain :he nresent huilding, as it now stands, in its present location )ver such occupied strips or Pores of land. 2. In the event this building is destroved, removed or ihandoned, this lease shall terminate. The lessee accents this .ease on the understanding that this lease does not grant to the .essee.a.Permanent title to that portion of Forest Home Drive Which is occunied by or lies under the building. Neither this ease, nor the above-mentioned resolution, shall be deemed to e an abandonment by the Town of the right, title and interest n full or in part, which the Town may have in and to the highway nox-m as Forest Home ')rive to the full, extent of the width to hick the Town is Lawfully entitled for such highway whether by tatute, user or otherwise. • E 1 1 • 1 0 BUYOUCOS & BARNEY ATTONN[T{ AT 1.Aw GAVINOS �ANR WIL DIMS ITHACA, N[W TOM INW I om 669 rm 675 -2- 3. It is understood by the lessor that the acceptance oF� this lease by the lessee is without prejudice to anv and . all rights which the lessee may have to assert or claim that the right of way for Forest ]come Prive is limited to the paved portion of the highway as it now exists, or to any other width but which width, in anv event, is less than any width which may be claimed by the Town. 4. Lessee agrees to maintain the building in good condition ind repair so that it will not constitute a hazard to the public tsing the highway. The lessee agrees to maintain and pav for idequate nublic liability insurance with an insurance company innroved by the lessor (such approval shall not be unreasonably Athheld) and cont_ainin,g, such terms and provisions as mal► he -easonably required by the To -n which shall insure the lessee and :he Toum against any liability, actions, loss, damage or expenses ;including any reasonable attorney's fees which may be incurred tv the Toy,m) resulting, from injury to persons and damage to >roperty. The coverage for slich insurance shall he reviewed from :ime to time. For the present, insurance coverage shall be 7ritten on the basis of S100,000/$300,000/$50,000. 5. If the lessee fails to make such repairs as may be -equired by Paragraph 4, above, or if the lessee fails to remove :he building, if it has been abandoned, then the Town may make ouch repairs or effect such removal. The lessee agrees to pay tnd will pay to the Tom the reasonable costs incurred by the 'own for the above. The Town shall not undertake any such •emoval without giving at least 10 days notice in writing to 'the turner of the subject property addressed to such owner usine, the address used for mailing the Town's tax bills. 569 rA,; 676 RESOLUTION: (ATTACHED) STATE OF NEW YORK COUNTY OF TOMPKINS1SS: TOWN OF ITHACA )) I, EDWARo L. BERGEN, Town Clerk of the Town of Ithaca, New York, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Ithaca at a adjourned meeting hdd on the 29th day of January , 19 79, and that the same is a complete copy of the whole of such resolution. IN WI NESS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, Nc* Ybrk th:s 2nd day of February , 1979. Town Clerk of the Town of Ithaca n lJ 1 • 1 1 Ll 1 ►.�r�f, 569 rnc: 677 RESOLUTION GRANTING LEASE TO OWNER OF PREMISES KNOWN AS 235 FOREST HOME DRIVE, IN THE TOWN OF ITHACA, NOW OWNED BY THE ESTATE OF PEARL S. MILLER WHEREAS, the Town Board of the Town of Ithaca has made the following findings and determinations: A. The Estate of Pearl S. Miller is the owner of a parcel of land in the Town of Ithaca known as 235 Forest Home Drive, being tax parcel #66-4-11, more particularly shown on the survey map thereof made by Thomas G. Miller, P.E., dated June 26, 1972, amended June 12, 1978, and being the parcel conveyed by Christopher Lindley to Pearl S. Miller by deed dated August 14, 1960, recorded in Liber 431 of Deeds at page 123 (herein referred to as the Miller parcel). A copy of said map is attached hereto. B. It appears that a portion of the dwelling may encroach on the Town highway known as Forest Home Drive. C. Any encroachment has apparently continued uninter- ruptedly since the erection of the dwelling house now on the Miller parcel. D. The representative for the owner of the Miller parcel has appeared before the Town Board, alleging financial hardship because of apparent unmarketability of title created by any such encroachment and has asserted a claim that the Town's jurisdiction in the highway extends only to the travelled portions and has requested the Town to abandon any claim the Town may have to any land lying southerly of the paved portion of the highway. E. A public hearing was held at the Town Hall on December 11, 1978, at 5:30 p.m., following a notice published in the ITHACA JOURNAL on December 1, 1978, by order of the Town Board. Ross J. Guglielmino, of Rochester, New York, attorney for the owner, and David Tyler, attorney for the contract purchaser of the Miller parcel, and Robert J. Hines, attorney, of Ithaca, New York, for Chester Pond, the owner of the parcel directly opposite on the northerly side of Forest Home Drive (tax parcel 66-3-16), appeared. No one objected to the granting of a permanent lease. otEh 569 rAcE 678 — i — F. The Town Engineer has reported to the Town Board'. that he forsees no practical difficulties or impairment of the Town's ability to maintain the rest of Forest Home Drive if the encroachments are permitted to continue and he recommends such action. The Town Highway Superintendent recommends such action. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: Section I. The Town of Ithaca agreed to grant to the owners of the Miller parcel, as described above, herein also referred to as LESSEES (their successors, distributees and assigns) a lease to maintain the existing building and appurten- ances in their present location as shown on the survey map re- ferred to above., but subject to the provisions set forth in the, following Sections. Section II. A portion of the dwelling may encroach on the Town highway known - as Forest Home Drive. Section III. It is not intended that this grant of a lease shall convey to the Lessees a permanent title to that por- tion of Forest Home Drive which may be occupied by, or may lie under, the building, nor shall this resolution or the grant of the lease to the Lessees be deemed to be an abandonment by the Town of such title as it may now have in such portion of the said high- way, but it is intended that the lease shall be perpetual for so long as the present building stands. Section IV. The Town recognizes that the acceptance of this lease by the Lessees shall be without prejudice to the rights of the Lessees to assert that the right of way is limited to the paved portion of the highway and that the Lessees reserve any and all other rights they may have with respect to the leased lands and/or the lands claimed by the Town to lie within the right of way for the highway. 1 1 LJ 0 1 11 569 •wj 679 vN� A I g 1, .� � a p .. liz, n Ja n c 10 K o Zm= 0 r Z m n Ap m m 3 r o m N z azy pmt aIO me m. D it s pm p v rn d I Z = " Z •n N V\ D m O N o .n w ..n C D pN n' 0 A < m o o m z o -C LM C r =� L 0 )K m mC eZ m O -n m V -C am _ p /q 'EN i D Ja IV c 10 p o Zm= -•1 m n Ap 31DeWAL ^ o O C k m N z azy pmt aIO me m. D it s pm p v rn d oa vm OF c n •0 Ja IV m p o -•1 SRICk 31DeWAL ^ o k 16, B9� D 10 ro. 9• s?�. D it �� w+c4 In a?'� O •0 • x �v C 4 N � d J �m O'V -wNvD D EP "onor- D1Qo. To r0�� 10c— o Oar N a'u►M c N �• W r~ u N 0 c r 0 P� m to N I �T •Ovm E PA . N N N -P, A m -I o Cb I 111 0 D r, m LK7a O rev 70 \o r 0 BUYOUCOS & BARNEY ATTONNSYs AT LAW SAVINGS SANK WILOINO ITHACA• NSW TORN 14659 i 8ct, 569 PACE 660 -3- IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto and shall inure to the benefit of and bind the owners of the above described premises and their successors in such ownership. ATTEST: TPwn }erk „�, n STATE OF NEW YORK COUNTY OF TOMPKINS ) TOWN OF ITHACA By: Supervisor ESTATE OF PEARL G. MILLER By:.G�.tGs>w... I Executor On the /fir day of fPr�nc�i9��JJ 1979, before me personalh came NOEL DESCH, to me known, who Ling by me duly sworn, did depose and say that he resides at Ithaca, New York; that he is the Supervisor of the Town of Ithaca, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instru- ment is such municipal seal; and said execution was made by him pursuant to the authority granted to him by the Town Board of the Town of Ithaca a municipal corporation and political sub- division in the County of Tompkins having its offices at 126 East Seneca Street, Ithaca, New York. Notary p4 �jc , . !, STATE OF NEW YORK )C l li��'� COUNTY OF TOMPKINS ) ss.: 'lcnn i ,p.t.s , 1974/ On the -47/14 day of ��f`"`t% 1979, before me personally came ROSARIO J. GUGLIELMINO, who being by me duly sworn, did depose and say that he resides at Ithaca, New York; that he is the Executor of the Estate of Pearl S. Miller, and that he executed such instrument as such Executor. gl:r i -GE' r Public CNpAy &, "n:T1 s,.rtk F,.y'r. �'.M1r of ik� YSxy Tompkins County, ss; �p^,Fy,�,ordod on the..,, ,...., of ,�L-{ zt. 0clock .. y., 1�.� m Lil6; ..MW.7... • r.. ......(a.a�.............. and exp OF...1 .1. mill/ftT� ...�. ,....IIY11. • u 1