HomeMy WebLinkAbout02-1996 B & A Agenda Back-Up Info - Eminent Domain Meadow Street Arterial 17111: I
'
sS rttJ_i
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14650
OFFICE OF TELEPHONE: (607)274-6504
CITY ATTORNEY FAX: (607)272-7348
MEMO I. ANDUM
TO: Budget & Administration Committee
FROM: Mariette Geldenhuys, City Attorney + -
DATE: February 15, 1996
RE: Appropriation of City property by Eminent Domain:
Meadow Street Arterial Project
The New York State Department of Transportation has informed the
City that it will acquire two additional parcels of City property
by eminent domain for the Meadow Street Arterial Project. Copies
of the proposed agreement of adjustment, agreement for advanced
payment, and the maps showing the location of the parcels are
attached hereto, along with the proposed resolution for
consideration by Common Council.
n
An Equal Opportunity Employer with an Affirmative Actionyrogram" Recycled Paper
1
B - 2
Request to Approve Offer of Settlement from New York State for
Appropriation of City Property by Eminent Domain (Meadow Street
Arterial Project)_
WHEREAS, the State of New York in connection with the Meadow Street
Arterial Project has, pursuant to Section 30 of the Highway Law and
the Eminent Domain Procedure Law, appropriated certain parcels of
land owned by the City of Ithaca, including Parcel 57 on Map 42,
and Parcel 74 on Map 56 of the Meadow Street Arterial Project, and
WHEREAS, the State of New York has appraised the real estate
interest it is appropriating and has made to the City an offer in
the amount of $37,800.00 for the real estate interests, 1vhich offer
is more particularly set forth in the attached agreement of
adjustment and for advance payment, and
WHEREAS, this Council has considered the values of property which
is being appropriated by the State of New York, and
WHEREAS, this Council has concluded that the offer made by the
State of New .York is equal to the full value of this property;
NOW, THEREFORE, the Mayor, subject to the advice of the City
Attorney is authorized to sign the attached agreements for advanced
payment and such other documents as may be necessary to effectuate
the transfer of these properties to the State of New York and
secure to the City of Ithaca compensation for these properties.
ROW 21-2b(8/89)
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
REAL ESTATE DIVISION
AGREEMENT FOR ADVANCE PAYMENT
P.I.N. 3047.04.222 Payee Ident. No. or Soc. Sec. No.
Project Meadow Street Arterial, City of Ithaca
Map No. 42 Parcel No. 57 County Tompkins
Map No. 56 TE Parcel No. 74 Town
Map No. Parcel No. City/Village Ithaca
THIS AGREEMENT, made this day of , 19 between
City of Ithaca
108 East Green Street
Ithaca, New York 14850
hereinafter referred to as "Claimant", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE
OFTHESTATEOFNEWYORK, hereinafter referred to as "the State", pursuant to
Sections 30 and 349-C of the Highway Law and the Eminent Domain Procedure Law as amended,
WITNESSETH:
WHEREAS, pursuant to the aforementioned statute, the State is appropriating or has
appropriated, for the purpose of the above identified project, certain property shown and
described on the above designated map(s), and
WHEREAS, the Claimant represents that he is or was at the time of said appropriation the
owner of the property affected by said appropriation or of some right, title or interest
therein; and
WHEREAS, the value of the property appropriated and legal damages caused by said
appropriation, as set forth in paragraph numbered 1 below, cannot be agreed upon; and
WHEREAS, the State is willing to pay an amount equal to the amount determined by the
Commissioner of Transportation to be the value of all claims for the property appropriated and
legal damages caused by said appropriation, as so set forth in paragraph.numbered 1 below, on
the terms and conditions hereinafter stated,
NOW,THEREFORE, it is understood and agreed by and between the parties as follows:
1. The State will pay to the Claimant the sum of Thirty-Seven thousand, eight hundred and
•
no/100 DOLLARS (SS 37,800.00 ), the amount hereby determined
by he Commissioner of Transportation to be the value of all claims for the property appropriated
and legal damages caused by such appropriation, including all damages incurred by virtue and
during the pendency of said appropriation proceedings, and including all damages to the
remainder of said affected property, if any, of which the appropriated area formed a part,
whether caused by said appropriation or by the use of said appropriated property, excepting the
aggregate value, if any, of claims hereinafter specifically excluded.
2. The Claimant agrees, as a prerequisite to such advance payment, to execute and deliver or
cause the execution and delivery to the Attorney General of all formal papers which the Attorney
General deems necessary to authorize payment and to secure to the State a full release of all
claims (other than the claim of Claimant) by reason of the aforementioned appropriation,
including claims by reason of any estate or interest in the streams, lakes, drainage and
irrigation ditches or channels, streets, roads, highways, or public or private rights of way, if
any, adjacent to or abutting on the above mentioned property required for the purposes of said
project.
3. Payment is to be made hereunder only upon approval of this Agreement by the Comptroller of
the State of New York and upon certificate of the Attorney General of the State of New York as
required by law.
4. This Agreement is exclusive of the claims, if any, of persons other than owners of the
appropriated property, their tenants, mortgagees and lienors, having any right or interest in
any stream, lake, drainage and irrigation ditch or channel, street, road, highway, or public or
private right of way, or the bed thereof, within the limits of the appropriated property or
contiguous thereto.
5. This Agreement is also exclusive of claims, if any, (other than the claim of Claimant) for
the value of or damage to easements and appurtenant facilities for the construction, operation
and maintenance of publicly owned or public service electric, telephone, telegraph, pipe, water,
sewer and railroad lines.
6. The Claimant hereby reserves the right to file a claim with the Court of Claims, or, if a
claim has been filed, reserves the right to prosecute said claim, it being understood, however,
that such reservation shall not extend or affect in any way, the time limited for the filing of
such claim as provided for in the Court of Claims Act.
y
7. It is agreed that, if the Court of Claims finds the value of the property appropriated and
legal damages caused by said appropriation as set forth in paragraph numbered 1 above is equal
to or exceeds the advance payment made hereunder, the amount of such advance payment shall be
deducted from the amount so found by the Court and the award of said Court shall be in the
amount of the excess, if any, over and above said advance payment. It is also agreed that no
interest shall be allowed in such award on the amount of such advance payment. In the event the
amount so found by the Court is less than the amount of said advance payment, upon the filing in
the office of the Clerk of the Court of Claims of a Certified copy of this agreement together
with Certification by the Comptroller of the State of New York of such payment and upon
application made to the Court on at least eight days notice to Claimant, the Court shall direct
the Clerk to enter judgment dismissing the claim and awarding to the State the difference
between the award as found by the Court and the amount of said advance payment with appropriate
interest. It is further agreed that in any trial of a claim that may be filed by the Claimant,
neither the determination of the Commissioner of Transportation, as hereinabove set forth, nor
any data, estimates or appraisals made or prepared in support thereof, shall be evidence of the
value of the claim or of the property affected by said claim.
8. Interest will be paid on the cash payment herein provided for according to the conditions
in ROW 21-8, Interest Supplement to Agreement, attached and made a part hereof.
9. It is understood and agreed by and between the parties hereto that, provided no claim is
filed by Claimant in the Court of Claims within the statutory time limit set forth in the Court
of Claims Act, then, upon the expiration of that time, this agreement for advance payment shall
automatically become an Agreement of Adjustment in full and complete settlement of all claims as
referred to in Paragraph 11 hereof without further ratification, approval or consent by Claimant
and Claimant shall be deemed to have released his claim against the State without further
acquittance, receipt or satisfaction therefore in consideration of the payment made hereunder.
10. FOR ADDITIONAL CLAUSES. SEE RIDER ATTACHED AND MADE APART HEREOF.
•
THIS AGREEMENT shall inure to the benefit of and bind the dietributees, legal
representatives, successors, and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
Claimant(s):
CITY OF ITHACA BY:
•
ITS:
Payee Ideet.I or Soc.See./
STATE OF NEW YORK
) SS.:
COUNTY OF
1. (To be used for all claimants accept corporations)
On the day of , 19 , before me personally came
to me known to be the individual(s) described in
and who executed the foregoing instrument and acknowledged that he/she/they executed the same.
2. (To be used when the claimant is a corporation)
On the day of , 19_I before me personally came
, to me known, who being duly sworn, did depose and say
that he/she resides at ; that he/she is the
of , the corporation described in and which executed the foregoing
instrument, and that he/she signed his/her name thereto by order of the Board of Directors of
said corporation.
(Notary Public)
APPROVED: COMMISSIONER OF TRANSPORTATION FOR
THE PEOPLE OF THE STATE OF NEW YORK
By:
for the State Comptroller
By:
Laud Contract No. (Director of Regl Estate Dinsioe)
ROW 21-2b(8/89)
1
This Agreement is exclusive of claims, if any, for payment
of allowable moving expenses of owners, occupants or
tenants of residential and commercial property and is also
exclusive of any claims of claimant for pro rata payment
of all real property taxes, water and sewer rents, levies
or charges paid or payable to a taxing entity as provided
for by the above designated statute.
The following clause relating to change of grade damage
shall become operative and binding on the claimant and
within the scope of Paragraph 9 hereof only if and at the
time that this Agreement becomes a full and complete
settlement pursuant to the provisions of the above
mentioned statute:
With respect to the property affected by the appropriation
identified above, the first party agrees to secure to the
State a full release of all claims of the first party and
others having any interest therein for damages referred to
in Subdivision 15, Section 30 of the Highway Law including
but not limited to damages arising out of change of grade
in the highway or street.
J
ROW 21-8(9/86) r4EW YORK STATE DEPARTMENT OF TRANSPORTATION
REAL ESTATE DIVISION
PROPERTY ACQUIRED BY APPROPRIATION
SUPPLEMENT TO AGREEMENT
NEGOTIATED SETTLEMENTS: Interest at the rate of four percent (It) per annum to August ( ) 1966 and lawful
interest thereafter will be paid by the State on either Agreements of Adjustment or Agreements of Advance
Payment on the following conditions:
• Interest shall accrue on all such claims.
1. Upon the date of entry on the property for construction purposes when title has not vested by the
filing of the appropriation map in the County Clerk's Office; or
2. Upon the date of vesting to title to property when entry for construction purposes has not been
effected.
•
SUSPENSIONS AND DEPOSITS: Such interest will be paid on Agreements of Adjustment and Agreements for Advance
Payment from such dates, whichever is earlier, to the date of payment of the claim except as follows:
A. Provided an acceptable agreement has not been delivered to the State, interest shall be suspended as
follows:
(1) For claims accruing by vesting of title prior to July 2, 1971, six (6) months after title vesting •
unless a claim had been filed pursuant to the Court of Claims Act.
(2) For claims accruing by the vesting of title on or after July 2,1971, six (6) month after the
personal service of the Notice of Appropriation Nap and Description upon claimant, unless a claim
• had been filed pursuant to the Court of Claims Act.
B. Provided the amount of claim had not been agreed upon, and claimant failed or refused to sign an
Agreement of Adjustment or for Advance Payment of the value of the claim as determined by the
Commissioner, interest shall be suspended on the amount of the claim so offered either: •
(1) from the date of Claimant's refusal, or
•
(2) the date ninety (90) days after notification by the Commissioner of such offer by mail, or
(3) the date six (6) months after title vesting or personal service, whichever is applicable under A
above, unless a claim had been filed pursuant to the Court of Claims Act. •
whichever of dates (1), (2), or (3) is earlier to the date claimant subsequently accepts such offer as •
payment in full or as an Advance Payment and delivers an acceptable Agreement to the State.
C. Interest shall be suspended from the expiration of ninety (90) days on claims accruing on or after
July 1, 1978: or thirty (30) days on claims accruing prior to July 1, 1978 after either:
• (1) the date of the approval of the Agreement by the Comptroller, if required by statute, or the
approval by the Commissioner of Transportation, or
(2) the date of delivery of closing papers to claimant. •
whichever date is later and shall remain suspended until the Attorney General is presented with all •
proper proofs, instruments and vouchers in satisfactory from which he requires in order to authorize
payment of the claim.
D. Provided the sum or any part thereof set forth in paragraph 1 of this agreement has heretofore been •
placed on deposit in a special interest-bearing account pursuant to law, the interest accrued and
credited to such account during the period of deposit will be paid to claimant at the rate payable by
the depositors bank.
•
•
•
20W 21.11,(8/89)
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
REAL ESTATE DIVISION
AGREEMENT OF ADJUSTMENT
P.I.N. 3047.04.222 Payee Ident. No. or Soc. Sec. No.
Project Meadow Street Arterial, City of Ithaca
Map No. 42 Parcel No(s). 57 County Tompkins
•
Map No. 56 TE Parcel No(s). 74 Town
Map No. Parcel No(s). City/Village Ithaca
THIS AGREEMENT, made this day of , 19 , between
City of Ithaca
108 East Green Street
Ithaca, New York 14850
hereinafter referred to as "Claimant", and the COMMISSIONER OF TRANSPORTATION FOR THE
PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "the State", pursuant to
Section 30 of the Highway Law and the Eminent Domain Procedure Law as amended,
WITNESSETH:
WHEREAS, pursuant to the aforementioned statute, the State is appropriating or has
appropriated, for the purpose of the above identified project, certain property shown and
described on the above designated map(s), and
• WHEREAS, the Claimant was, at the time of said appropriation, the owner of the
property affected by said appropriation or of some right, title or interest therein;
NOW, THEREFORE, it is understood and agreed by and between the parties as follows:
1. The compensation to be paid by the State for the total value of the property so
appropriated and for all legal damages caused by such appropriation, including all damages
incurred by virtue and during the pendency of said appropriation proceedings, •and
including all damages to the remainder of said affected property, if any, of which the
appropriated area formed a part, whether caused by said appropriation or by the use of
said appropriated property, excepting the aggregate value, if any, of claims hereinafter
specifically excluded, is the sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED AND 00/100 DOLL.
. DOLLARS ($S 37,800.00 ).
2. The Claimant agrees, as a prerequisite to such payment, to execute and deliver or
cause the execution and delivery to the Attorney General of all formal papers which the
Attorney General deems necessary to authorize payment and to secure to the State a full
release of all claims by reason of the aforementioned appropriation and by reason of any
estate or interest in the streams, lakes, drainage and irrigation ditches or channels,
streets, roads, highways, or public or private rights of way, if any, adjacent to or
abutting on the above mentioned property required for the purposes of said project.
3. The aforesaid compensation is to be paid hereunder only upon approval of this
Agreement by the Comptroller of the State of New York and upon certificate of the Attorney
General of the State of New York as required by law.
4. This Agreement is exclusive of the claims, if any, of persons other than owners of
the appropriated property, their tenants, mortgagees and lienors, having any right or
interest in any stream, lake, drainage and irrigation ditch or channel, street, road,
highway, or public or private right of way, or the bed thereof, within the limits of the
appropriated property or contiguous thereto.
•
5. This Agreement is also exclusive of claims, if any (other than the claim of
Claimant), for the value of or damage to easements and appurtenant facilities for the
construction, operation and maintenance of publicly owned or public service electric,
telephone, telegraph, pipe, water, sewer and railroad lines.
6. The amount agreed upon herein as compensation shall be binding and conclusive on the
parties in any action or proceeding with relation to the aforesaid appropriation as
representing the total value of the property so appropriated, together with all legal
damages caused by or consequent upon such appropriation, as aforesaid.
7. Interest will be paid on the cash consideration herein provided for according to the
conditions in ROW 21-8, Interest Supplement to Agreement, attached and made a part hereof.
•
•
8. This Agreement is exclusive of claims, if any, for payment of allowable moving
expenses of allowable moving expenses of owners, occupants or tenants or residential
s
and commercial property and is also exclusive of any claims of Claimant for pro rata
payment of all real property taxes, water and sewer rents, levies or charges paid or
payable to a taxing entity as provided for by the above designated statute.
•
9. With respect to the property affected by the appropriation identified above, the .
first party agrees to secure to the State a full release of all claims of the first •
party and others having any interest therein for damages referred to in Subdivision 15, .
Section 30 of the_fliahway Law including but not limited to damages arising out of change.
of grade in the hiahwaY or street.
•
•
•
•
THIS AGREEMENT shall inure to the benefit of and bind the distributees, legal
representatives, successors, and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
(claimant)
(Witness) CITY OF ITHACA
(Address)
(Witness) SY:
(Address)
(Witness) ITS;
(Address)
(Witness)
(Address) . Payee[dent./or Soc.See./
COMMISSIONER OF TRANSPORTATION FOR
THE PEOPLE OF THE STATE OF NEW YORK
By
(Director of Real Estate Division)
APPROVED:
By
for the State Comptroller
Land Contract No. •
ROW 21-1b(8/89)
REVERSE
J
ROW 21-8(9/86) NEW YORK STATE DEPARTHENT OF TRANSPORTATION
REAL ESTATE DIVISION
PROPERTY ACQUIRED BY APPROPRIATION
SUPPLEMENT TO AGREEMENT
NEGOTIATED SETTLEMENTS: Interest at the rate of four percent (It) per annum to August ( ) 1966 and lawful
interest thereafter will be paid by the State on either Agreements of Adjustment or Agreements of Advance
Payment on the following conditions:
•
• Interest shall accrue on all such claims.
• 1. Upon the date of entry on the property for construction purposes when title has not vested by the
filing of the appropriation map in the County Clerk's Office; or
2. Upon the date of vesting to title to property when entry for construction purposes has not been
effected.
SUSPENSIONS AND DEPOSITS: Such interest will be paid on Agreements of Adjustment and Agreements for Advance
Payment from such dates, whichever is earlier, to the date of payment of the claim except as follows:
A. Provided an acceptable agreement has not been delivered to the State, interest shall be suspended as
follows:
(1) For claims accruing by vesting of title prior to July 2, 1971, six (6) months after title vesting
unless a claim had been filed pursuant to the Court of Claims Act.
(2) For claims accruing by the vesting of title on or after July 2, 1971, six (6) month after the
personal service of the Notice of Appropriation Nap and Description upon claimant, unless a claim
• had been filed pursuant to the Court of Claims Act.
•
B. Provided the amount of claim had not been agreed upon, and claimant failed or refused to sign an
Agreement of Adjustment or for Advance Payment of the value of the claim as determined by the
Commissioner, interest shall be suspended on the amount of the claim so offered either:
(1) from the date of Claimant's refusal, or
(2) the date ninety (90) days after notification by the Commissioner of such offer by mail, or
(3) the date six (6) months after title vesting or personal service, whichever is applicable under A
above, unless a claim had been filed pursuant to the Court of Claims Act.
whichever of dates (1), (2), or (3) is earlier to the date claimant subsequently accepts such offer as
payment in full or as an Advance Payment and delivers an acceptable Agreement to the State.
C. Interest shall be suspended from the expiration of ninety (90) days on claims accruing on or after
July 1, 1978: or thirty (30) days on claims accruing prior to July 1, 1978 after either:
(1) the date of the approval of the Agreement by the Comptroller, if required by statute, or the
approval by the Commissioner of Transportation, or
•
(2) the date of delivery of closing papers to claimant.
whichever date is later and shall remain suspended until the Attorney General is presented with all
proper proofs, instruments and vouchers in satisfactory from which he requires in order to authorize
payment of the claim.
D. Provided the sum or any part thereof set forth in paragraph 1 of this agreement has heretofore been
placed on deposit in a special interest-bearing account pursuant to law, the interest accrued and
credited to such account during the period of deposit will be paid to claimant at the rate payable by
the depositors bank.
•
•
•
•
•
•
•
•
,ea,,
!
trop
MAP NO.42 `'
v PARCEL NO. 57
MEADOW STREET ARTERIAL, TOMPKINS COUNTY
CITY OF ITHACA ( P.I.N. 3047.04 ) SHEET 1 OF 3 SHEETS
EARLAND D. MANCINI &
40' 0 40' Feet 80 ROBERT R. MANCINI
Survey notes on file at /S B (Reputed Owners) Q
New York State Department /`1I` k n
of Transportation Regional SCALE BAR Sla.'J'29 421 1 le * U `u ' //jff ',L.'s-
Office No. 3 located at 106'± 1 Q „y h v Syracuse, New York. ; O M Z N24.06'31"E 7, O d• --
37± tL°o _ V TRN—29 I Sla.'J'29+06.28 0t,r. O 'a any J 29+oo Q
CC-0 L-393 P-175 115.88' �� p`
° • •/`Sta,'J'28+56± I
n 5 . • �, 49'1 0 - O ��"
'a z Point of
of w o N18'36'12"E r' Beginning t' a
1 F 1 • 101'± w I
o z �� " W Io
Z < 0 ■ .. ..V Z -•
,,, ig Sta.' '2 . k 2^ 't / E
N m 1
( 1J38::689
e ki Q.� v • h J, +00 P qp)) 1 / I.,
' j O
WOODS O W
° . a p Q
kO c ;v o O W•1 FEE 2 CO Ce + ct
%il AREA =36,130± SQ.FT. ° Q &- ,f a /a
Ili a =0.829± ACRE �� ,
Z I Q a
w N
2 1 L1 '.�1 r ; t j
Sla.'J'26+97.60 o J' 27+00, a
S 146.73' 0 �f �?
i \U
. \ ,,-
I 6J WOODS rn' - -- - - 'CHEA&ALL cO�
1 0 0 00 e 0 0 '' s L!—
id tit.. U\
\ \
�,,,M < ne
o
o
NOB'1756"E i W 0'
CP
'-'7.-ert 161'±
o I
8 0 ' 1. i \ o
O
* i'J' 26 00 e
— — R— r
V, c ¢
Sta.'J'25+06.19 w Sta.'J'25+36.90 i 9 ® 9 001
v»-u
I1 166.90' o 147.66, Q if �a m 2N°u
I " 4 . y N 3 > C;L ft i
O!
MICHAEL I. KOLAR & Z mss. W �I v, d o 0
MARA KOLAR N1OO2'31"E Y / PI
(Reputed Owners) 4'± 0: "' v'°`ov
8 '± r4 "� Q W 0 1
---*'— —R n .—. — w Q.
0 Sta.'J'25+17± .,i'. 1 ) �7 2
. 81'± +I , / O
Sta.'J'25+02± -c Wk •J• ]C F
in _� w 25+00 fY j
167± Sta.'J'24+52± , t& W�0..t+-
CHARLES H. DENMAN & 70'± 1 i kip / °N
0 0 DOROTHY F. DENMAN \ : tt (Ci,. W o Z w o
GARDEN 0 (Reputed Owners) 26'± , V r 18 a-
R l0k ie do
® Sta2J'24+47± 4 % ,r ' Q. co al
'"� D_ ww
• '0* • Opp + 4i o; ' s' \ ()Wu”
rTh WILLIAM PARDEE & 96± 9► �,. : Q& N + 6 o-< o
a BARBARA PARDEE �0 C`. O ° N N
C.
\ (Reputed Owners) • ` v
> > z
�� j "in s. w
CITY OF ITHACA Sta.'J'23+87± 4, 'r. i
(Reputed Owner) GRAVEL DRNE 831_\ a 6'±01,' ' H /
O ___e_ic,_ 0_ii______ — N04'57'51"E q P.I. 405
Continued on Sheet No. 2 I► STA. 'J' 20+87.59
. F�ai,
MAP NO.42
PARCEL NO. 57
MEADOW STREET ARTERIAL. TOMPKINS COUNTY
CITY OF ITHACA ( P.I.N. 3047.04 ) SHEET 2 OF 3 SHEETS
cwsEELLito 'x'• " I.
w ••,.1-(P POST/73 w'„g IPA;N
F X I a 9; w° ��s IPPOST t ,� 0 S WWin, s Q Q dZ eT,
OS o °°< ~
o P.K. All Q, I n 63.89' a l el.!N Z
0 00- I o� °
. ' w �. WHITE UNE
S) �y ] ry Q,,,,t A ` F °
44 r mi �C�y a C o h ry=4
of'. ,.; O c�a° R � O h■
I 0 AO�T O 64 Q =Q ' ..
P.K. �o io' mu.ow • 4
N.T.S N.T.S N.T.S
i P.I. P-403 y. P.I. P-404 y P.I. P-405
STATION 'J' 35+29.71 STATION 'J' 23+99.71 STATION 'J' 20+87.59
R.R. SPIKE REBAR & CAP REBAR & CAP
N 891,427.12 N 890,308.04 N 889,997.09
E 518,701.77 E 518,545.10 E 518,518.09
All that piece or parcel of property hereinafter designated as Parcel No. 57, situate
in and being a portion of Tax Map No. 42, Block No. 02, Parcel No. 02.2, City of Ithaca,
County-of Tompkins, State of New York, as shown on the accompanying map and described as
follows:
PARCEL NO. 57
Beginning at the intersection of the division line between the property of Earland D.
Mancini and Robert R. Mancini (Reputed Owners) on the southwest, and the property of City of
Ithaca (Reputed Owner) on the northeast, with the division line between the property of
Earland D. Mancini and Robert R. Mancini (Reputed Owners) on the west, and the property of
People of the State of New York (Department of Environmental Conservation) on the east, said
point being 49+ feet distant westerly, measured at right angles from Station 'J' 28+56+ of
the hereinafter described 1993 survey baseline for the proposed reconstruction of Meadow
Street Arterial, City of Ithaca; thence southerly, along the last mentioned division line,
a distance of 471+ feet to a point on the division line between the property of Earland D.
Mancini and Robert R. Mancini (Reputed Owners) on the north, and the property of City of
Ithaca (Reputed Owner) on the south, said point being 67+ feet distant westerly, measured at
right angles from Station 'J' 23+89+ of said baseline; thence westerly, along the last
mentioned division line, a distance of 16+ feet to a point on the division line between the'
property of Earland D. Mancini and Robert R. Mancini (Reputed Owners) on the east, and the
property of William Pardee and Barbara Pardee (Reputed Owners) on the west, said point being
83+ feet distant westerly, measured at right angles from Station 'J' 23+87+ of said baseline;
thence northerly, along the last mentioned division line, a distance of 67± feet to a point
on the division line between the property of Earland D. Mancini and Robert R. Mancini
(Reputed Owners) on the south, east, and north, and the property of Charles H. Denman and
Dorothy F. Denman (Reputed Owners) on the north, west, and south, said point being 96+ feet
distant westerly, measured at right angles from Station 'J' 24+47+ of said baseline; thence
easterly, along the last mentioned division line, a distance of 26+ feet to an angle point,
said point being 70+ feet distant westerly, measured at right angles from Station 'J' 24+52+
of said baseline; thence northerly, continuing along the last mentioned division line, a
distance of 66+ feet to an angle point, said point-being 81+ feet distant westerly, measured
at right angles from Station 'J' 25+17+ of said baseline; thence westerly, continuing along
the last mentioned division line, a distance of 87+ feet to a point, said point being 167+
feet distant westerly, measured at right angles from Station 'J' 25+02+ of said baseline;
thence through the property of Earland D. Mancini and Robert R. Mancini (Reputed Owners) the
following six (6) courses and distances: (1) N10°02'31"E-4± feet to a point, said point
being 166.90 feet distant westerly, measured at right angles from Station 'J' 25+06.19 of
said baseline; (2) N40°02'31"E-36+ feet to a point, said point being 147.66 feet distant
westerly, measured at right angles from Station 'J' 25+36.90 of said baseline; (3)
N08°17'56"E-161+ feet to a point, said point being 146.73 feet distant westerly, measured at
right angles from Station 'J' 26+97.60 of said baseline; (4) N14°20'02"E-110+ feet to a
point, said point being 134.54 feet distant westerly, measured at right angles from Station
'J' 28+06.89 of said baseline; (5) N18°36'12"E-101+ feet to a point, said point being 115.88
feet distant westerly, measured at right angles from Station 'J' 29+06.28 of said baseline;
and (6) N24°06'31"E-37+ feet to a point on the division line between the property of Earland
D. Mancini and Robert R. Mancini (Reputed Owners) on the southwest, and the property of City
of Ithaca (Reputed Owner) on the northeast, said point being 106+ feet distant westerly,
measured at right angles from Station 'J' 29+42+ of said baseline; thence southeasterly,
along the last mentioned division line, a distance of 103+ feet to the point of beginning,
being 36,130+ square feet = 0.829+ acre, more or less.
The above mentioned survey baseline is a portion of the 1993 survey baseline for the
proposed reconstruction of Meadow Street Arterial, City of Ithaca, as shown on a map and plan
on file in the Office of the State Department of Transportation and described as follows:
Continued on Sheet No. 3 •
- .1
.
- •c4=C.
r
MAP NO. 42
r PARCEL NO. 57
MEADOW STREET ARTERIAL, TOMPKINSiCOUNTY
CITY OF ITHACA (PIN 3047.04) SHEET 3 OF 3 SHEETS
Beginning at P.I. 405 Station 'J' 20+87.59; thence N04°57'51"E to P.I. 404 Station
'J' 23+99.71; thence N07°58'10"E to P.I. 403 Station 'J' 35+29.71.
All bearings referred to True North at the 76°35'00" Meridian of West Longitude (1927
N.A. Datum).
"UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY
MAP IS A VIOLATION OF SECTION 7209, SUBDIVISION 2 OF
THE NEW YORK STATE EDUCATION LAW."
I hereby certify that the GF HEW'•, I hereby certify that this is an
property described and mapped above /y`\.,,. F,.,J, accurate description and mapmade from
is necessary for this project and the/ 4.1 i an accurate survey, prepared under my
G V. E.
acquisition thereof is recommended. / ( 0�� direction.
2 P rt.
DATE: FGbNUQfry 14 , 1994 �_ �IhV= ,, } n DATE: �i3Rl1A$1 1 , 1994
a �"4oa:,r ��'f f/1
RIC ARr A P�a��c'ss• 1\''':' M CHAEL F. IVES, L.S.�
Regional Design Engineer for the License No. 49177 for
Regional Director of Transportation Om P. Popli, P.E., L.S., P.C.
Region 3 Consulting Engineers & Surveyors
/' •( NEW YORK STATE DEPARTMENT OF TRANSPORTATION
lit DESCRIPTION AND MAP FOR THE ACQUISITION OF PROPERTY
!,'1, 11.
1.. yr. s 4 MEADOW STREET ARTERIAL,
" CITY OF ITHACA
TOMPKINS COUNTY
Map No. 42 Total Area = 36,1301 Sq. Ft.
Parcel No. 57 or 0.829± Acre
EARLAND D. MANCINI AND ROBERT R. MANCINI
(Reputed Owners)
Description and map of property which the Commissioner of Transportation deems necessary
to be acquired by appropriation in the name of the People of the State of New York in fee,
for purposes connected with the highway system of the State of New York pursuant to Sections
30 and 349-C of the Highway Law and the Eminent Domain Procedure Law.
There is excepted from this appropriation all the right, title, and interest, if any,
of the United States of America in or to said property.
Pursuant to statutes set forth above and the authority delegated to me by Official Order
of the Commissioner of Transportation, the above description and map are hereby officially
approved; and said description and the original tracing of this map are hereby officially
filed in the Office of the Department of Transportation.
DATE: , 1994
R.J. Morris
Director, Real Estate Division
I have compared the foregoing copy of the description and map with the original thereof,
as filed in the Office of the Department of Transportation and I do hereby certify the same
to be a true and correct copy of said original and the whole thereof.
Real Estate Division
.
A��
{r
f.
MAP NO.56
PARCEL NO. 74
MEADOW STREET ARTERIAL. TOMPKINS COUNTY
CITY OF ITHACA ( P.I.N. 3047.04 ) SHEET 1 OF 3 SHEETS
Survey notes on file at 40' 0 40' Feet 80' EARLAND D. MANCINI &
Y I ROBERT R. MANCINI
New York State Department $ w
� 0 SCALE BAR (Reputed Owners)
of Transportation Regional n p
Office No. 3 located at n / S f. P.I. 403
o STA. 'J' 35+29.71
Syracuse, New York. w C'
N CITY OF ITHACA / ` ►
I
TRN-29 < (Reputed Owner)/
CC—D L-393 P-175 i, ° Sta.'J.29+42± /'IIII
° a \ 106'1
z
w o Sta.'J'29+701 Point of Be.innin. J' 3o E
124'1 +00 k
O4
1 EARLAND D. MANCINI & , , 'kA ° o o� g
ROBERT R. MANCINI .&
(Reputed Owners) "?/ , b�* 524.06'31"W .b l ._:
,yam•o 37± v o�
Sta.'J'29+07.38 2, �P' f`
1 145.86' �� .� Sta.'J'29+06.28 •� c Q I.
T.E. ..1 \ 115.88' o".o,- §
f e / 31115.88'
m u c
74 AREA =10,157± SQ.FT.
7S' w�=0.233± ACR ( o o ° i o`
1 o mu �' 2 +00 -•
woods •. 0 *N Sto.'J'28+56± ^`
•�'1/11/1 49'1 O rO' ?:; � Point of °ii" ommencing Sto.'J'28+07.99 ( i Sta.'J'28+06.89 164.52' yt j 4 134.54'
I o ! J�� ' ' ( e.4i''' PROPOSED CENTERLINE J z Z 1 o f J.'' OF DETOUR J, � 28+ o U
cia iv oW ^yr-'- :1' S14' 0'0_"W C.) . I 1 9 WO
I:1° '. / 0, Q,6c
(1 � / tl o •.
J3
Q� ta.'J'26+96.55
1 1 I Sta.'J'26+97.60
7'
176.71' i'
q' jo 146.73' ' I
cr
1 , PROPOSED HIGHWAY ". � 1 S UZ
S BOUNDARY J. 27+o0 \ of
\ IP o
MOOS ' I ' 1 o o
fl I \ EL'
a� woods 1 o N 3 O O oo pais
a d o — i1 :
\ \ . fv co •i e
o Z n ,,,,r:r� ® e
. T I PROPOSED IJ:J"'/
C !i0 IP 57 6 (61 1
I E • P�1/66
p • • i7 1667 6 //11 Z
�`
o Y P 0
1 ' 9 ° J' 6+oa .
Sta.'J'25+36.90 Q ' Z w 8
MICHAEL I. KOLAR & 147.66' o * I / w t+ a
MARA KOLAR 9 -.7 O a w
(REPUTED OWNER) V
1 • * w<°z
p a�"o
— —�w� N ce
V
.. Z
Q P.I. 404 W •
Continued on Sheet No. 2 STA. 'J' 23+99.71
'cF
,00,
MAP NO.56
PARCEL NO. 74
MEADOW STREET ARTERIAL. TOMPKINS COUNTY
CITY OF ITHACA ( P.I.N. 3047.04 ) SHEET 2 OF 3 SHEETS
14191T.
0 2 Ia ,chi Y O INPKOSi
`,
P.K. AIL , 'ba a $� I 8g
N 8"
6 AK i 0 83.89'
k$.9 I '
°, •
t3�-�` I! ` 1
t �p A� :� � it
I1 a+, •Z�2oe
0 10'WILLOW ►
N.T.S N.T.S
P.I. P-403 FE P.I. P-404
STATION 'J' 35+29.71 STATION 'J' 23+99.71
R.R. SPIKE REBAR & CAP
N 891,427.12 N 890,308.04
E 518,701.77 E 518,545.10
TEMPORARY EASEMENT FOR HIGHWAY DETOUR •
A temporary easement to be exercised in, on and over the property above delineated and
hereinafter described for the purpose of constructing, reconstructing and maintaining a
highway detour and appurtenances, for use and exercisable during the reconstruction of the
highway and terminating upon the approval of the completed work, unless sooner terminated if
deemed no longer necessary for highway purposes, and released by the Commissioner of
Transportation. Such easement shall be exercised in and to all that piece or parcel of
property hereinafter designated as Parcel No. 74, situate in and being a portion of Tax Map
No. 42, Block No. 02, Parcel No. 02.2, City of Ithaca, County of Tompkins, State of New York,
as shown on the accompanying map and described as follows:
PARCEL NO. 74
Commencing at the intersection of the division line between the property of Earland D.
Mancini and Robert R. Mancini (Reputed Owners) on the west, and the property of People of the
State of New York (Department of Environmental Conservation) on the east, with the division
line between the property of Earland D. Mancini and Robert R. Mancini (Reputed Owners) on the
southwest, and the property of City of Ithaca (Reputed Owner) on the northeast, said point
being 49+ feet distant westerly, measured at right angles from Station 'J' 28+56+ of the
hereinafter described 1993 survey baseline for the proposed reconstruction of Meadow Street
Arterial, City of Ithaca; thence northwesterly, along the last mentioned division line, a
distance of 103+ feet to the point of beginning, said point being 106+ feet distant westerly,
measured at right angles from Station 'J' 29+42+ of said baseline; thence through the
property of Earland D. Mancini and Robert R. Mancini(Reputed Owners) the following eight (8)
courses and distances: (1) S24°06'31"W-37+ feet to a point, said point being 115.88 feet
distant westerly, measured at right angles from Station 'J' 29+06.28 of said baseline; (2)
S18°36'12"W-101+ feet to a point, said point being 134.54 feet distant westerly, measured at
right angles from Station 'J' 28+06.89 of said baseline; (3) S14°20'02"W-110+ feet to a
point, said point being 146.73 feet distant westerly, measured at right angles from Station
'J' 26+97.60 of said baseline; (4) S08°17'56"W-161+ feet to a point, said point being 147.66
feet distant westerly, measured at right angles from Station 'J' 25+36.90 of said baseline;
(5) NO2°20'44"W-162+ feet to a point, said point being 176.71 feet distant westerly, measured
at right angles from Station '41' 26+96.55 of said baseline; (6) N14°12'45"E-112+ feet to a
point, said point being 164.52 feet distant westerly, measured at right angles from Station
'J' 28+07.99 of said baseline; (7) N18°36'12"E-101+ feet to a point, said point being 145.86
feet distant westerly, measured at right angles from Station 'J' 29+07.38 of said baseline;
and (8) N26°46'18"E-67+ feet to a point on the division line between the property of Earland
D. Mancini and Robert R. Mancini (Reputed Owners) on the southwest, and the property of City
of Ithaca (Reputed Owner) on the northeast, said point being 124+ feet distant westerly,
measured at right angles from Station 'J' 29+70+ of said baseline; thence southeasterly,
along the last mentioned division line, a distance of 34+ feet to the point of beginning,
being 10,157+ square feet = 0.233+ acre, more or less.
RESERVING, however, to the owner of any right, title or interest in and to the property
described above, and such owner's successors or assigns, the right of using said property and
such use shall not be further limited or restricted under this easement beyond that which is
necessary to effectuate its purposes for, and as established by, the reconstruction and as
so reconstructed, the maintenance, of the herein identified project.
The above mentioned survey baseline is a portion of the 1993 survey baseline for the
proposed reconstruction of Meadow Street Arterial, City of Ithaca, as shown on a map and plan
on file id the Office of the State Department of Transportation and described as follows:
Beginning at P.I. 404 Station 'J' 23+99.71; thence N07°58'10"E to P.I. 403 Station
'J' 35+29.71.
All bearings referred to True North at the 76°35'00" Meridian of West Longitude (1927
N.A. Datum).
Continued on Sheet No. 3
MAP NO. 56 ?Ord`
PARCEL NO. 74
MEADOW STREET ARTERIAL, TOMPKINS COUNTY
CITY OF ITHACA (PIN 3047.04) SHEET 3 OF 3 SHEETS
"UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY
MAP IS A VIOLATION OF SECTION 7209, SUBDIVISION 2 OF
THE NEW YORK STATE EDUCATION LAW."
I hereby certify that the 1EOF 1jy� I hereby certify that this is an
property described and mapped above c�ar�y n.(1,. accurate description and mapmade from
is necessary for this project and th 61)\, 'ic an accurate survey, prepared under my
acquisition thereof is recommended. i n ;t�-e,: direction.
DATE: Fe.bi-uoi-y 14 1994 - � L DATE: 'FkBautkRy U , 1994
,q ,,� kkk555111
�
/ a
t' J'0/
RI ARD A. LUCAS, P.E. �`cio�. EL F. IVES L.S.
Regional Design Engineer for the License No. 49177 for
Regional Director of Transportation Om P. Popli, P.E., L.S., P.C.
Region 3 Consulting Engineers & Surveyors
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
h
,t). DESCRIPTION AND MAP FOR THE ACQUISITION OF PROPERTY
1 p MEADOW STREET ARTERIAL,
CITY OF ITHACA
%;14 :0J-J TOMPKINS COUNTY
Map No. 56 Total Area = 10,157± Sq. Ft.
Parcel No. 74 or 0.233± Acre
EARLAND D. MANCINI AND ROBERT R. MANCINI
(Reputed Owners)
Description and map of property in and to which an easement as hereinabove defined is
deemed necessary by the Commissioner of Transportation to be acquired by appropriation in the
name of the People of the State of New York, for purposes connected with the highway system
of the State of New York pursuant to Sections 30 and 349-C of the Highway Law and the Eminent
Domain Procedure Law.
There is excepted from this appropriation all the right, title, and interest, if any,
of the United States of America in or to said property.
Pursuant to statutes set forth above and the authority delegated to me by Official Order
of the Commissioner of Transportation, the above description and map are hereby officially
approved; and said description and the original tracing of this map are hereby officially
filed in the Office of the Department of Transportation.
DATE: , 1994
R.J. Morris
Director, Real Estate Division
I have compared the foregoing copy of the description and map with the original thereof,
as filed in the Office of the Department of Transportation and I do hereby certify the same
to be a true and correct copy of said original and the whole thereof.
Real Estate Division
.1