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HomeMy WebLinkAboutInlet Valley Cemetery Documents and MapsREGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, FEBRUARY 8, 2010 RESOLUTION NO. 2010- 044 SEQR: Acceptance of Conveyance of Inlet Valley Cemetery Property. Elmira Road (Tax Parcel No. 35-1-201 WHEREAS, this action is the acceptance by the Town of Ithaca of conveyance of the 2.75 +/- acre Inlet Valley Cemetery property on Elmira Road (Tax Parcel No. 35-1-20) in the Town of Ithaca, together with the assets of Inlet Valley Cemetery, Inc.; and WHEREAS, Inlet Valley Cemetery, Inc. has requested through its one remaining director, pursuant to New York Not-for-Profit Law, that the Town of Ithaca accept the Inlet Valley Cemetery property and transfer the corporation's assets to the Town in order for the Town to assume the maintenance and administrative duties regarding the cemetery; and WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 - Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this environmental review; and ' WHEREAS, the Town Board at its regular meeting held on February 8, 2010, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town Planning staff for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the EAF Parts I and II in accordance with the New York State Environmental Quality Review Act (Article ^8 of the Environmental Conservation law) and Chapter 148 of the Town of Ithaca. Code for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Supervisor Engman SECONDED: Councilwoman Riha A vote on the motion was as follows: Supervisor Engman, aye; Councilman Goodman, Aye; Councilwoman Leary, Aye; Councilwoman Hunter, Aye; Councilwoman Riha, Aye; Councilman DePaolo, Aye Absent:. Councilman Levine £3 The motion passed unanimously. STATE OF NEW YORK) I'M ' ' - COUNTY OF TOMPKINS) SS: % " TOWN OF ITHACA: "•/r f I, Paillette Terwilliger, Town Clerk of the Town of Ithaca, NeW , do hereby certify that the above resolution is an exact copy of the same adopted by the ToW ( iaca*^P^^g-Beard^ a regular meeting on the S*'' day of February, 2010. Town Clerk □□□□□□□ Town Assigned Project ID Number Town of Ithaca Environmental'Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Accept Conveyance of Inlet Valley Cemetery, Elmira Road (Tax Parcel No. 35-1-20) 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Elmira Road (as shown on Survey Map Showing Lands of Inlet Valley Cemetery, prepared by Lee Dresser, LLS, dated 8/14/2009) Tax Parcel Numbers: 35-1-20 4. Is proposed action: NEW? X EXPANSION?MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Acceptance by the Town Board of conveyance of Inlet Valley Cemetery to the Town of Ithaca, along with the assets of the Inlet Valley Cemetery, Inc. Pursuant to NYS Not-for-Profit Corporation Law, Inlet Valley Cemetery, Inc. proposes to convey and transfer its real property held for burial purposes, together with its other assets, to the Town of Ithaca because Inlet Valley Cemetery, Inc. is no longer able to provide ordinary and necessary care and maintenance of the cemetery. From information provided by Inlet Valley Cemetery, Inc., the cemetery has no burial lots left to sell. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initially (O-Syrs) 2.75 +/- Acres (6-lQvrs) 2.75/- (>10 yrs) 2.75+/- Acres 7. How is land zoned presently? Low Density Residential 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: PubUc Road? YES NO X PubUc Water? YES NO X PubUc Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial 2L Industrial X Agriculture Park/Forest/Open Space X Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12, Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modiflcation. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Herb Eneman. Supervisor. Town of Ithaca Signature and Date: PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO _X^ If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO _X__ If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing trafBc patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: See attached. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: See attached. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: See attached. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See attached. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: See attached. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: See attached. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X . CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. .Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board . Name of Lead Agency Prepaie'r's Signature(If different from Responsible Officer) Herb Eneman. Supervisor Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE:_^ Signature of Responsible Officer in Lead Agency PART II - Environmental Assessment - Acceptance of Conveyance of Inlet Vallev Cemetery. Elmira Road (Tax Parcel No. 35-1-201 A. Action is Unlisted B. Action will not receive coordinated review C. Could action result in anv adverse effects on. to or arising from the following: CL Existing air Qualitv. surface or groundwater qualitv or guantitv. noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion or flooding as a result of the proposed action. The proposed action is the acceptance by the Town of Ithaca of conveyance of the 2.75 +/- acre cemetery property on Elmira Road (Tax Parcel No. 35-1-20) together with the assets of Inlet Valley Cemetery, Inc. The cemetery is fully developed, and there is no additional capacity for sale of burial lots or expansion. No significant physical changes to the cemetery are anticipated once the Town accepts ownership and maintenance responsibilities of the cemetery. C2. Aesthetic, agricultural, archeological. historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. No aesthetic, archeological, or other significant historic resources are known to exist on the site, or are expected to otherwise be affected by the proposed action. The acceptance of the property by the Town of Ithaca will help to ensure the maintenance and upkeep of the cemetery. While the cemetery is not listed on the State or National Registers of Historic Properties, nor was it included in the Survey of Historic Resources in the Town of Ithaca, cemeteries tend to contain important historic information about the area. Ownership and maintenance by the Town will help to ensure the preservation of this potentially important resource. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None anticipated. The site is fiilly developed as a cemetery and will remain as such under ownership by the Town of Ithaca.. C4, A community's existing plans or goals as ofFiciallv adopted, or a change in use or intensity of use of land or other natural resources? None anticipated. The proposed acceptance is consistent with the designation of this area in the Town of Ithaca Comprehensive Plan (September 1993) as "Commercial/General Business". Surrounding land use includes very low density residential development, undeveloped open space, and commercial and li^t industrial uses. The cemetery has been in existence for many years, and will not grow or expand. State law provides for transfer of cemeteries to municipalities when the existing cemetery corporation is no longer able to provide for appropriate maintenance and upkeep of the cemetery. This will help to ensure that the existing cemetery will be properly maintained, althou^ this will ultimately involve the expenditure of public fiinds once the corporation's assets are used up. C5. Growth, subsequent development, or related activities likelv to be induced bv the proposed action? None anticipated. The cemetery use will remain on the property. No additional burial lots are available for sale (according to information provided by Inlet Valley Cemetery, Inc. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? None anticipated. C7. Other impacts (including changes in use of either quantitv or tvpe of energv^? None anticipated. D. Is there, or is there likelv to be. controversv related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. Staff Recommendation. Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental si^iificance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer; Jonathan Kanter, Director of Planning Review Date: February 3,2010 ^ ^ REGULAR MEETING OF THE ITHACA TOWN BOARD! MONDAY, FEBRUARY 8, 2010 ! , . TB RESOLUTION NO. 2010- : Accept conveyance of Inlet Valley. Cemetery and transfer of assets from Inlet Valley Cemetery, Inc. i ^ WHEREAS, there has been established in the Town a cemetery corporation known as Inlet Valley Cemetery, Inc., which maintains a public cemetery known as the Inlet Valley Cemetery, and owns the real property on which the Cemetery Is located at Elmira Road In the Town of Ithaca, Tompkins County, New York, Tax Parcel Number 35.-1-20, and WHEREAS, Inlet Valley Cemetery, Inc. has under its care certain funds for perpetual care, permanent maintenance, special trust, and general operations, in the following amounts and deposited In the following banks: $ 1, 007.48 ~ Tompkins Trust Company checking account $ 11,004.80 - Tompkins Trust Company certificate of deposit, and WHEREAS, besides the aforementioned real property and funds, Inlet Valley Cemetery, Inc. has no other assets, and WHEREAS, Inlet Valley Cemetery, Inc. has been and still is unable to procure sufficient principal and Income from the above funds. Its members, and the representatives of the deceased persons interred in Inlet Valley Cemetery to provide ordinary and necessary care and maintenance for the Cemetery, and WHEREAS, the board of directors of Inlet Valley Cemetery, Inc. Is no longer able to function, for a number of years has been able to fill only two of the six director positions required by Its Certificate of Incorporation, and now has only one director, and WHEREAS, Section 1506(j) of the New York Not-for-Profit Corporation Law permits a cemetery corporation to convey and transfer Its real property held for burial purposes, together with its other assets, to the town in which such real property is located if all the directors of the cemetery corporation living and residing In New York State agree to the conveyance and transfer, and WHEREAS, pursuant to Section 1506(j) of the New York Not-for-Profit Corporation Law, Inlet Valley Cemetery, Inc. has requested through its one remaining director, who lives and resides in New York State, that the Town of Ithaca accept the conveyance of the Inlet Valley Cemetery premises and the transfer of the corporation's assets and assume the maintenance of and administrative duties regarding the Inlet Valley Cemetery, and WHEREAS, Inlet Valley Cemetery, Inc. has no lots left to sell (to the best of Its knowledge) and no debts or outstanding liabilities. January 27, 2010 Now, therefore, be it ' i: RESOLVED, that subject to the Town's acceptahce of the deed for the Inlet Valley Cemetery premises, the Town of Ithaca accepts the conveyance of the Inlet Valley Cemetery premises and the transfer of said assets from Inlet Valley Cemetery, Inc., with such conveyance and transfer subject to all agreements as to lots sold and all trusts, restrictions, and conditions upon the title or use of the real property or assets, with such acceptance. MOVED: SECONDED: VOTE: January 27, 2010 INLET VALLEY CEMETERY, INC. i! , REQUEST FOR TOWN OF ITHACA TO TAKEOVER W INLET VALLEY CEMETERY AND OTHER ASSETS I, Bernard Van Orman, the only remaining director of Inlet Valley Cemetery, Inc., living and residing in New York State, pursuant to Section 1506G) of the New York Not- for-Profit Corporation Law, hereby request the Town of Ithaca, County of Tompkins, New York, to accept conveyance of the property anditfansfer of the assets of Inlet Valley Cemetery, Inc. and to assume the maintenance of and administrative duties regarding the Inlet Valley Cemetery located at Elmira Road in the Town of Ithaca, Tax Parcel Number 35.-1-20.. I agree that upon the Town's formal acceptance of the aforementioned conveyance and responsibilities, I will tum over to the Town of Ithaca all records and assets of Inlet Valley Cemetery, Inc. These assets are the real property located at Elmira Road on which the Cemetery is located, and certain funds for perpetual care, permanent maintenance, special trust, and general operations, in the following amounts and deposited in the following banks: $ 1,007.48 - Tompkins Trust Company checking account $ 11,004.80 - Tompkins Trust Company certificate of deposit I hereby affirm that Inlet Valley Cemetery, Inc. has no lots left to sell (to the best of my knowledge) and no debts or outstanding liabilities. Inlet Valley Cemetery, Inc. has been and still is unable to procure sufficient principal and income from the above funds, its members, and the representatives of the deceased persons interred in Inlet Valley Cemetery to provide ordinary and necessary care and maintenance for the Cemetery. In addition, the board of directors of Inlet Valley Cemetery, Inc. is no longer able to function, for a number of years has been able to fill only two of the six director positions required by its Certificate of Incorporation, and now has only one director. January 27, 2010 -f I therefore make this request in recognition of the fact that a Town takeover is the only reasonable course of action to preserve and protect the^best interest of the inlet Valley Cemetery and the persons buried in the Cemetery. Bernard Van Orman Director inlet Valley Cemetery, Inc. DATED: January 27, 2010 INLET VALLEY CEMETERY, INC. CONVEYANCE OF ASSETS AND PROPERTY I, Bernard Van Orman, the only remaining director of Inlet Valley Cemetery, inc., living and residing in New York State, in recognition of the acceptance by the Town of Ithaca, County of Tompkins, New York, of the responsibility to care for and maintain the Inlet Valley Cemetery, do hereby convey the assets and property of Inlet Valley Cemetery, Inc. to the Town of Ithaca for their management and maintenance, subject to the Town of Ithaca's acceptance of the deed for the Inlet Valley Cemetery premises. Bemard Van Orman Director Inlet Valley Cemetery, Inc. DATED: January 27, 2010 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, FEBRUARY 8, 2010 TB RESOLUTION NO. 2010- 045: Accept conveyance of Inlet Valley Cemetery and transfer of assets from Inlet Valley Cemetery, Inc. WHEREAS, there has been established in the Town a cemetery corporation known as irilet Valley Cemetery, Inc., which maintains a public cemetery known as the inlet Valley Cemetery, and owns the real property on which the Cemetery is located at Elmira Road in the Town of Ithaca, Tompkins County, New York, Tax Parcel Number 35.-1-20, and WHEREAS, Inlet Valley Cemetery, Inc. has urider its care certain funds for, perpetual care, permanent maintenance, special trust, and general operations, in the following amounts and deposited In the foilowing banks: n - n $ 1, 007.48 ~ Tompkins Trust Company checking account $ 11,004.80 - Tompkiris Trust Company certificate of deposit, and WHEREAS, besides the aforementioned real property and funds. Inlet Valley Cemetery, Inc. has no other assets, and WHEREAS, Inlet Valley Cemetery, Inc. has been and still is unable to procure sufficient principal and income from the above funds, its members, and the representatives of the deceased persons interred in Inlet Valley'Cemetery to provide ordinary and necessary care and maintenance for the Cemetery, and WHEREAS, the board of directors of Inlet Valley Cemetery, Inc. is no longer able to function, for a number of years has been able to fill only'two of the six director positions required by its Certificate of Incorporation, and pow has only one director, and WHEREAS, Section 1506(j) of the New York Not-for-ProfIt Corpor;ation.-Law permits a cernetery corporation to convey and transfer its real propejl^theld;fpr'£uj'ial purposes,'together. with its other assets, to the town in which such/e4*propertyXisv\ located if all the directors of the cemetery corporation living and re^idlngnn New York State agree to the conveyance and transfer, and fSj ''i■"2:- \WHEREAS, pursuant to Section 1506(j) of the New York Nol7^or-RToflt<'k^^^ Corporation Law, Inlet Valley Cemetery, Inc. has requested through its/one-remaining director, who lives and resides In New York State, that the Town of Ithaca, accept theconveyance of the Inlet Vailey Cemetery premises and the transfer of the corporation's assets and assume the maintenance of and administrative duties regarding the Inlet Valley Cemetery, and WHEREAS, Inlet Valley Cemetery, Inc. has no lots left to sell (to the best of its knowledge) and no debts or outstanding liabilities, January 27, 2010 Now, therefore, be it RESOLVED, that subject to the Town's acceptance of the deed for the Inlet Valley Cemetery premises, the Town of Ithaca accepts the conveyance of the Inlet Valley Cemetery premises and the transfer of said assets from Inlet Valley Cemetery, Inc., with such conveyance and transfer subject to all agreements as to lots sold and all trusts, restrictions, and conditions upon the title or use of the real property or assets, with such acceptance. MOVED: Supervisor Engman SECONDED: . Councilwoman Riha A vote on the motion was as follows: Supervisor Engman, aye; Councilman Goodman, Aye; Councilwoman Leary, Aye; Councilwoman Hunter, Aye; Councilwoman Riha, Aye; Councilman DePaolo, Aye Absent; Councilman Levine The motion passed unanimously. STATE OF NEW YORK) COUNTY OF TOMPKINS) 88: TOWN OF ITHACA: I, Paulette TerwilligeR, Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution exact copy of the same adopted by the Town of Ithaca Planning Board at a regular meetira^ thd-^^^Y February, 2010. January 27, 2010 TS-584 (3/07) 4 New Vbrk State Department of Taxation and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office time stamp 0 See Form TP-584-1, Instructions for Form TP-584, t>efore completing ttiis form. Please print or type. Schedule A — Information relating to conveyance Grantorn"ransferor D Individual 0 Corporation D Partnership 0 Estate/Trust □ Other Name (if individual: last, first. midcBe initial) Inlet Valley Cemetery, Inc. Social security rujmber Mailirig address1504 Elmira Road q Social security number City State ZIP code Itfiaca NY 14850 Fe<Mral employer ident. numtrern- f^lziS Grantee/Transferee D Individual D Corporation D Partr>ership OEetate/Trust \30Vner Name (if individual: last, first, middle initial) Town of Ithaca Social security number Mailing address 320 North Tioga Street Social security number City State ZIP code Ithaca NY 14850 Federal employer ident. number Location and description of property conveyed Tax map designation Address CityMllage Town County Section Block Lot 35 1 20 1504 Elmira Road Ithaca Tompklns 1 D One- to three-tamiiy house 2 n Residentiai cooperative 3 IZi Residentiai condominium 4 Q Vacant land 6 CJ Commerclat/lndustriai6 nj Apartment building7 0 Office building 6 E Other cemetery Date of Percentage of real property conveyed which is residential real property 0-00% (see instructions) Condition of conveyance (cheek ell that apply) a. B Conveyance of fee interest b. Q Acquisition of a controiiing mterest (state percentage acquired %) c. D Transfer of a controlling interest (state percentage transferred %) d. Q Conveyance to cooperative housing TO rporation e. D Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP'564.1, Schedule E) f. D Conveyance which consists of amere change of identify or form of ownership or organization (attach Form TP-584.1. Schedule F) g. □ Conveyance for which credit for tax previously paid will be claimed (atta<^ Form TP-584.1, Schedule G) h. D Conveyance of cooperative apartinent(s) i-O Syndication ). D Conveyance of air rights or development rights I. D Option assignment or surrender m.Q Leasehold assignment or surrender n.D Leasehold grant 0. □ Conveyance of an easement p.B Conveyance for which exemptionfrom transfer tax claimed (complete Schedule B, Part III) q. □ Conveyance of property partly within and partly outside the state For recording officer's use Amount received Date received Transaction number Scftedule 6., Part 1 $ Schedule B.. Part 11 $ I^ge2^f4 TP-584 (3/07) Schedule B — Real estate transfer tax return (Tax Law, Article 31) Part I - Computation of tax due Enter amount of consideration for the conveyance (if you are claiming a totaf exemption checkihe e)^mption claimed box, enter consideration end proceed to Part III) Q Exemption Claimed Continuing lien deduction (see instructions H property is taken sut^ect to mortgage or lien) Taxable consideration (subtract line 2 from line 1) Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 Amount of credit claimed (see instructions and attach Form TP-S84.1. Schedule Q) Total tax due* (suWracrf line 5 from line 4) Part U - Computation of additional tax due on the conveyance of residential real property for $1 millkHi or more 1 Enter amount of consideration for conveyance (from Part i, line 1) 2 Taxable consideration (multvtylm 1 by the percentage of ^ premises v^ict) is residential real property, as shown in Sdheduto A)... 3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) 1.0 2.0 3.0 4.0 5.0 6.0 1.0 2.0 3.0 Part ni - Explanation of exemption claimed on Part I, line 1 (check any boxes that apt^) The conveyance of real property is exempt from the real estate transfer tax for the follov^lng reason; a. Com^yance is to the United Nations, the United States of America, the state of New York, or any of their Instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or | compact with another state or Canada) a l*Lj b. Conveyance is to secure a debt or other obligation b □ c. Conveyance Is without additional consideration to confirm, correct, modify, or supplement a prior conveyance c D d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveyingrealty as bona fide gifts d 1_| e. Conveyance is given in connection with a tax sale e Q f. Conveyance is a mere change of identity or form of ownership or organization where there Is no change In beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real propertycomprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F f Q g. Conveyance consists of deed of partition g D h. Conveyance is given pursuant to the federal Bankruptcy Act h \Z\ i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, orthe granting of an option to purchase real property, without the use or occupancy of such property I I I j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering anIndividual residential cooperative apartment j I I k. Crmveyance is not a conveyance within the meaning of Tax Law. Artide 31, section 1401 (e) (attach documents 8upp<yting such claim) k LJ i. Other (attach explar)ation) I *Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS DeparPnent of Taxation and Finance, directty to the NYS Tax Department, RETT Return Processing. PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-584 (3/07) Schedule C — Credit Line Mortgage Certificate (Tax Law, Article 11) c Complete the following only if the interest being transferred Is a fee simple interest. I (we) certify that: (check the appropriate box) 1. ® The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. CH The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason; [ I The transfer of real property is a transfer of a fee simple Interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. I I The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real properly after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). I 1 The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. Q The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved t>y a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described ^ove, the amounts secured by two or more credit line mortgages may be aggregated under certain circurrrstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. n Other (attach detailed explartation). 3. EZj The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tew is due for the following reason: D A (»rt}ficate of discharge of the credit line mortgage is being offered at the time of recording the deed. I IA check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. CH The real property being transferred is subject to an outstanding credit line mortgage recorded m (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place In New ybfk City, make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C. including any return, certification, schedule, or attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy for pi^poses of recording the deed or other instrument effecting the conveyance. Grantor signature Title ^ TWe 5/' Grantor sigruiture Title Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-584.1 ? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording Is in New York City, to the NYC Department of Finance? If no recording is required, serKi your check(s), made payable to the Department of Taxation and Finance, directly to the NVS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP-584(3/07) Schedule D • Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663) Complete the following only If a fee simple interest or a cooperative unit is being transferred by an Individual or estate or trust. Part I - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 {or an attao^ent to Form TP-584). you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certtflcatlon of resident tran8feror(s)/seller(8) This Is to certify that at the time of the sate or transfer of the real property or cooperative unit, the transferor(s)/setler(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date Note: A resident of NewYark State may still be required to pay estimated tax under Tax Law. section 685(c). but not as a condition of recording a deed. Part n - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax, on page 1 of Form TP-584-l. Exemption for nonresident transferor(syseller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: n The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121) from to (see instructions) Date Date n The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee In foreclosure, or in lieu of foreclosure with no additional consideration. n The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date / • Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax:(607)274-5445 • Instrument Number *556791-001* Receipt No. Date: 556791 04/01/2010 Delivered By: ITHACA TOWN OF Returp To: ITHACA TOWN OF Time:01:39 PM Document Type: DEED P3rti0s To Transaction: INLET VALLEY - TOWN OF ITHACA Town/City:TOWN OF.ITHACA Deed Information Taxable Consideration: $0.00 State Transfer Tax:$0.00 County Transfer Tax: $0.00 Mortgage information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: RETT No.:03437 Additional Mortgage Tax: State of New York Tompkins County Clerk Local Mortgage Tax: 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. ^ T&JLuJd' Tompkins County Clerk Please do not remove this page. mil iiiii iiiii iiiii iiiiiiiiii ill iiiiii 111!! iiiii 5 5 6 7 9 1 - 0 0 Warranty Deed This Indenture, is made this^t^ay of November, 2009, by and between the INLET VALLEY CEMETERY INC, a registered not-for-profit corporation organized imder the laws of the State of New York (formerly Imown as the Membership Corporation Law), also being known as the INLET VALLEY CEMETARY ASSOCIATION, and having had or presently having offices at 1504 Elmira Road, Ithaca, New York, 14850, herein the "party of the first part" and the TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, with offices at 320 North Tioga Street, Ithaca, New York 14850, herein the "party of the second part". WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollar ($1.00) lawful money of the United States, paid by the party of the second part, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the party of the first part and the party of the second part, does hereby grant and release imto the party of the second part, its heirs, successors and assigns forever: ALL THOSE TRACTS AND PARCELS OF LAND situate in the Town of Ithaca, County of Tompkins, and State of New York, each and both as more particularly bound and described as follows: BEGINNING at a point in the centerline of New York State Route 34, 96 & 13 also known as Elmira Road, said point being located 526.8 feet easterly along said centerline from its intersection with the centerline of Seven Mile Drive; Running thence S 44° 22' 38" E along the westerly line of premises of Inlet Valley Cemetery (149/136) and an easterly line of Cortright (360/564) a distance of 346.69 feet to a point, said course being established along current limits of occupation between Cortright and the cemetery as shown in a proposed subdivision map showing lands of Hazel S. Cortright dated 12/30/1999 and revised 3/2/2000 by T.G . Miller, P.C.; Running thence N 41° 04'13" E a distance of 125.00 feet along the a north and westerly line of Cortright to a point; Said point being the point at which the following metes and boimds represent the record metes and bounds description of the Cortright Deed (360/564) as run along the top of a steep bank and which roughly correspond to the existing remains of an old wire fence: 1) Running thence N17° 47' 23" E a distance of 179.52 feet; 2) Running thence N 35° 47' 23 E a distance of 81.84 feet to a point; 3) Running thence N 54° 47' 23" E a distance of 66 feet to a point; and 4) Running thence N 45° 47' 23" E a distance of 88.93 feet to a point marked by a Running thence N 38° 39' 33" W a distance of 137.41 feet to a point in the centerline of said Elmira Road (and passing through a found pin at 18.57'); Running thence along said Elmira Road centerline S 57° 37'15" W a distance of 543.65 feet to the point or place of beginning and containing 2.75 acres gross to the centerline. THE ABOVE described premises are more particularly shown on a survey map entitled "SURVEY MAP SHOWING LANDS OF INLET VALLEY CEMETERY LCOATED'ON NEW YORK STATE ROUTE 13 TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK", dated August 14,2009 and prepared by Lee Dresser, L.L.S. No. 050096, which map is incorporated herein by referenced and a copy of which is filed in the Tompkins County Clerk's Office concurrently herewith. TOGETHER WITH a 5 foot strip of land allowing access to water rights over lands of Cortright as shown by an instrument recorded in the Tompkins County Clerk's Office in Liber 252 of Deeds at page 228. It is the intent of the party of the first part to transfer all rights, title and interests in and to the Inlet Valley Cemetery, and all lands associated therewith in accord with, and pursuant to New York State Not-for-Profit Law § 1506 and New York State Town Law Article 17, absolutely and indefeasibly in fee simple absolute. Portions of such Cemetery Lands may have been acquired by continuous use and adverse possession for over 100 years without any adverse claim, which land rights may have arisen by common use as a community cemetery, a so called "boot hill" title, and as such, property rights may not have arisen by deed or grants in title. Thus, the transfer by the party of the first part is intended to transfer and assign all appurtenant and personal rights in and to such property and the use(s) thereof, including, but not limited to, all rights arising from possession, use, and adverse possession. SUBJECT TO each, any and all transfers of burial plots as are or may be recorded in the Tompkins County Clerk's Office, to the extent the same affect title - including as reflected in transfers to: Leon Stark (5 Misc., Page 54); G.L. Sykes (6 Misc., Page 19); C. J. Swartwood (6 Misc., Page 66); Florence B. Bentley (6 Misc., Page 69); William and Myrtle Van Dermark (6 Misc., Page 231); and further SUBJECT TO the rights of the public to use any lands described as a public highway, mainly, said Elmira Road, and any utility easements as may affect the premises. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises. To Have and to Hold the premises herein granted imto the party of the second part, its heirs, successors and assigns forever. And the party of the first part does covenant as follows: FIRST, that the party of the second part shall quietly enjoy the said premises; SECOND, that said party of the first part will forever WARRANT the title to said premises. THIRD, that in compliance with Sec. 13 of the lien Law the grantors will receive consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the pinq)ose of paying the cost of the improvement and wiH apply the same first to the payment of ie cost of the improvement before using any part of the total of the same for any other purpose. The individual executing this Deed for the party of the first part hereby warrants, represents, and states that the dedication of property affected by the within'instrument was made in the usual and regular course of the business of the corporation, and that all of the remaining Shareholders and Directors are residents of New York State and have duly authorized the disposition and transfer of such property and rights to the Town of Ithaca pursuant to, among other laws and rights, the New York State Not-for-Profit Corporation Law § 1506. In Witness Whereof, the party of the first part has hereunto set its hands and seals the day and year first above written. In Presence of Bernard Van Orman, Director and Authorized Agent/Signor State of County On the day the year 2009, before me, the undersigned, personally appeared?vA^/^^/^/? personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. XT 4- New YorkJNOtarylL ItsySfilfied in Ontario County y No. 0589070 f . nnmmiRfiinn FxplrPA /I, Sz-flAl • 'V- '' * i'^, t " —=~ I fj THALER & THALER 309 N. TIDQA STREET, P.O. BOX 266 ITHACA, NEW YORK 14851-0266 607-272-2314 DATE TO //- f MESSAGE P'\JL yj?vy2f>(^ty dLiiJ. ^ /2c/i cJ j^^yrrU ~ Cjxr cAJ/J/ AM ^ Th. pc^ /A}C]p ^Ia < Cdji^ DATE REPLY ^SCElVi 6>^ HOVo 64- SIGNED Warranty Deed This Indenture, is made thls^^ay of November, 2009, by and between the INLET VALLEY CEMETERY INC., a registered not-for-profit corporation organized under the laws of the State of New York (formerly Imown as the Membership Corporation Law), also being known as the INLET VALLEY CEMETARY ASSCXIIATION, and having had or presently having offices at 1504 Elmira Road, Ithaca, New York, 14850, herein the "party of the first part" and the TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, with offices at 320 North Tioga Street, Ithaca, New York 14850, herein the "party of the second part". WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollar ($1.00) lawful money of the United States, paid by the party of the second part, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the party of the first part and the party of the second part, does hereby grant and release imto the party of the second part, its heirs, successors and assigns forever: ALL THOSE TRACTS AND PARCELS OF LAND situate in the Town of Ithaca, County of Tompkins, and State of New York, each and both as more particiilarly boimd and described as follows: BEGINNING at a point in the centerline of New York State Route 34, 96 & 13 also known as Elmira Road, said point being located 526.8 feet easterly along said centerline from its intersection with the centerline of Seven Mile Drive; Running thence S 44° 22' 38" E along the westerly line of premises of Inlet Valley Cemetery (149/136) and an easterly line of Cortright (360/564) a distance of 346.69 feet to a point, said course being established along current limits of occupation between Cortright and the cemetery as shown in a proposed subdivision map showing lands of Hazel S. Cortright dated 12/30/1999 and revised 3/2/2000 by T.G . Miller, P.C.; Running thence N 41° 04'13" E a distance of 125.00 feet along the a north and westerly line of Cortright to a point; Said point being the point at which the following metes and bounds represent the record metes and boimds description of the Cortright Deed (360/564) as run along the top of a steep bank and which roughly correspond to the existing remains of an old wire fence: 1) Running thence N17° 47' 23" E a distance of 179.52 feet; 2) Running thence N 35° 47' 23 E a distance of 81.84 feet to a point; 3) Running thence N 54° 47' 23" E a distance of 66 feet to a point; and 4) Runiung thence N 45° 47' 23" E a distance of 88.93 feet to a point marked by a pin; Running thence N 38° 39' 33" W a distance of 137.41 feet to a point in the centerline of said Elmira Road (and passing through a foimd pin at 18.57'); Rimning thence along said Elmira Road centerline S 57° 37'15" W a distance of 543.65 feet to the point or place of begirming and containing 2.75 acres gross to the centerline. THE ABOVE described premises are more particularly shown on a survey map entitled "SURVEY MAP SHOWING LANDS OF INLET VALLEY CEMETERY LCOATED ON NEW YORK STATE ROUTE 13 TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK", dated August 14,2009 and prepared by Lee Dresser, L.L.S. No. 050096, which map is incorporated herein by referenced and a copy of which is ffled lip Uj^N^mpKms County Clerk's Office concurrently herewith. TOGETHER WITH a 5 foot strip of land allowing access to water rights over lands of Cortright as shown by an instrument recorded in the Tompkins County Clerk's Office in Liber 252 of Deeds at page 228. It is the intent of the party of the first part to trarisfer all rights, title and interests in and to the Inlet Valley Cemetery, and all lands associated therewith in accord with, and pursuant to New York State Not-for-Profit Law § 1506 and New York State Town Law Article 17, absolutely and indefeasibly in fee simple absolute. Portions of such Cemetery Lands may have been acquired by continuous use and adverse possession for over 100 years without any adverse claim, which land rights may have arisen by common use as a community cemetery, a so called "boot hill" title, and as such, property rights may not have arisen by deed or grants in title. Thus, the transfer by the party of the first part is intended to transfer and assign all appurtenant and personal rights in and to such property and the use(s) thereof, including, but not limited to, all rights arising from possession, use, and adverse possession. SUBJECT TO each, any and all transfers of burial plots as are or may be recorded in the Tompkins Covmty Clerk's Office, to the extent the same affect title - including as reflected in transfers to: Leon Stark (5 Misc., Page 54); G.L. Sykes (6 Misc., Page 19); C. J. Swartwood (6 Misc., Page 66); Florence B. Bentley (6 Misc., Page 69); William and Myrtle Van Dermark (6 Misc., Page 231); and further SUBJECT TO the rights of the public to use any lands described as a public highway, mainly, said Elmira Road, and any utility easements as may affect the premises. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises. To Have and to Hold the premises herein granted unto the party of the second part, its heirs, successors and assigns forever. And the party of the first part does covenant as follows: FIRST, that the party of the second part shall quietly enjoy the said premises; SECOND, that said party of the first part wiU forever WARRANT the title to said premises. THIRD, that in compliance with Sec. 13 of the Lien Law the grantors will receive consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of ^e cost of the improvement before using any part of the total of the same for any other purpose. The individual executing this Deed for the party of the first part hereby warrants, represents, and states that the dedication of property affected by the within instrument was made in the usual and regular course of the business of the corporation, and that all of the remaining Shareholders and Directors are residents of New York State and have dialy authorized the disposition and transfer of such property and rights to the Town of Ithaca pursuant to, among other laws and rights, the New York State Not-for-Profit Corporation Law § 1506. In Witness Whereof, the party of the first part has hereimto set its hands and seals the day and year first above written. In Presence of // /: /to. Bernard Van Qrman, Director and Authorized Agent/Signor State of County york MLlI On the day of the year appear d&AtXilhJl^ PfdUA personally ] } ss: 2009, before me, the undersigned, personally appearetyj:^ ¥d/} (^//lA/i personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. ublic, State cf New Yfark ifffied in Ontario Coupty No. 058907C Commission Expires fStrfZAi FOR COUNTY USE ONLY 01. SWIS Co<te 02. Date Deed Recorded 03. Book I t I I " PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222 , \ \ REAL PROPERTY TRANSFER REPORT / ^ / Month Day Year J 04. Page \_' I I L STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 IIP-S2I7 Re« i/9J PROPERTY INFORMATION 1. Proparty 1 1504Location street number I Ithaca Elmira Road STREET NAME 14850 2. Buyer Name 3. Tax BUBng Addreaa CITY on TOWN Town of Ithaca LAST NAME / COMPANY LAST NAME / COMPANY Indicate where future Tax Bills are to be sent if other than buyer address (at bottom of form) 32Q N. Tiooa St iET NUMBER ANO STREET NAME LAST NAME ! COMPANY Ithaca N.Y I 14850 CITY OR TOWN 4. indicate the number of Assessment RoN parcels transferred on the deed 5. Deed Property Size # of Parcels OR □Part of a Parcel OR ■2.4 .0 STATE aP CODE (Only if P«t of a Parcel) Cheek as they 4A Planning Board with Subdivision Authority Exists □ 4B. Subdivision Af^roval was Required for Transfer □ 4C. Parcel Approved for Subdivision with Provided □ 6. Sellar Name Inlpt Vallpy r.pmPtRry^ Inc LAST NAME / COMPANY LAST NAME / COMPANY P'RST NAM 7. Check the box beiow which most accurately describes the use of the property at the time of sale: One Family Residential E 2 or 3 Family Residential F Residential Vacant Land G Non-Residential Vacant Land H Agricultural 1 Commercial J Apartment K Entertainment / Amusement L Community Service Industrial Public Service Forest Chack tha boxas balow as thay apply: 8. Ownership Type is Condominium 9. New Construction on Vacant Land 1QA. Property Located within an AgricuKural District 108. Buyer received a disclosure notice indicating that the property is in an Agricultural District □ □ □ □ SALE INFORMATION 11. Sale Contract Data 12. Data of Sale / Transfer I // ! 0'I Uoq Month Oy Yed) 1 / 0^ 7^0^^ Ye*Month 15. Check on# or mora of these conditions as applicabie to transfer. 13. FuU Sale ^ice -Q- I 0 I Q 9 9 (Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount Sale Between Relatives or Former Relatives Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agertcy or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Beiow) Significant Change in Property Between Taxable Status and Sale Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None 14. Indicate the value of personal property included in the sale .0.01 ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill | 16. Year of Assessment Roll from which infomution taken 0 . 9 17. Total Aisassad Valua (of all parcels in transfer)5 0. 0. 0 18. Property Class L 6, 95 l-UU 19. School District Nams 1 Ithaca City School 20. Tax Map Identifier(s) / Roll Identifier(s) (K more than four, attach sheet with additional identifier(s)) I 35.-1-20 J L CERTIFICATION | I certif> that all of the hems of information entered on this fiNin are tnie and correct (to die best of ra y knowledge and behef) and I imderstand that the making of any HiUful fa'gg srar«>iiM»nt of niateriai fact herein will sutyect me to the provisions of the penal law rdative to the making and filing of false Instruments. BUYER BUYER'S ATTORNEY BUVMI SIGNATURE STREET NUMBER Ithaca CITY OR TOWN N, Tinqa STREET NATS (AFTER & NY I 14850 STATE OPCODE CBI i CB KroQh CastT Guy K, fi n? I 272-2314 TELEPHONE NUMBER NEW YORK STATE TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 PLANNING 273-1747 ZONING 273-1783 PUBLIC WORKS (Roads, Parks, Trails, Water, Sewer & Engineering) 273-1656 FAX (607) 273-1704 November 23,2015 NYS Department of State Division of Cemeteries 99 Washington Ave. Albany, NY 12231 Re: Project close out for Inlet Valley Cemetery Cemetery Board: The Town of Ithaca has completed the monument repair to 79 out of the 80 headstones outlined within the grant application. Despite our efforts we were not able to locate the monument pieces for item #27 from the Jtme 25, 2013 estimate therefore the repair could not be completed and the Town is returning $420.00 for this item. I have included a copy of the invoices from Glenside Monument Co. and the cancelled checks for the work completed to date. The Town of Ithaca would like to thank you for your assistance in providing corrective action to the Inlet Valley Cemetery. Should you have any questions or concerns with this request, pl^aseTeel free to contact me at (607) 273-1721. Thank you for your time and consideration. Xes^ctfully Submitted aJ/. [James Weber, Director of Public Works cc: Herbert Engman, Town Supervisor Paulette Terwilliger, Town Clerk Mike Solvig, Town Finance Officer TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town. Ithaca, ny .us n TOWN GLERR 273-1721 PLANNING 273-1747 ZONING 273-1783 PUBLIC WORKS (Roads, Parks, Trails, Water. Sewer & Engineering) 273-1656 FAX (607) 273-1704 September 15, 2014 NYS Department of State Division of Cemeteries 99 Washington Ave. Albany, NY 12231 Re: Application for Funds for Maintenance of Abandoned Cemeteries, Inlet Valley Cemetery Cemetery Board: The Town of Ithaca officially became the recipient of the abandoned^let Valley Cemetery on February 8, 2010 and is submitting an "Application for Funds for Maintenance of Abandoned Cemeteries". Items 1-4 of the application will be addressed^below: 1) The Town has $9,072 remaining of funds received at the time the inlet Valley cemetery was transferred to the Town. 2) The cemetery is located on the eastern side of NYS route 13 at the southern end of tfie Town of Ithaca. A survey was prepared in August of 2009 indicating the parcel size as 2.75 acres, which includes lands taken by the State for ROW of NYS route 13. Due to the retaining wall along the full length of the western side there is no available vehicular access to the parcel and no easement shown on the survey. Based on a letter form NYS Department of State, Joseph Ambrose, Accountant, there are no lots left for sale but there are no records indicating how mmy lots are available for internment. The cemetery is in a deteriorated state with broken and misplaced headstones, failures in the retaining wall adjacent to and within the NYS ROW for NYS route 13 and a deteriorated entry arch. Mowing and trimming is performed monthly by a volunteer with his own equipment and the Town provides fuel. The Town has performed brush and tree removal along the face of the wall in an attempt to preserve the integrity of the wall and prevent further deterioration. 3) The funds will be used for the repair of the headstones, failure areas of the wall and restoration of the entry arch. Town staff has contacted multiple firms for each aspect of the requested repairs and have found firms reluctant to submit bids or proposals due to the nature of the work. Therefore only one proposal has been received, by the Town, for each component of the work identified and submitted with this application. a) Headstone repair $12,601(2013) $15,121 (2015) b) Entry Arch n $3,960(2013) $4,752 (2015) c) Retaining Wall Repair $40,000(2014) _ Total (2015) - $59,873.00 4) No the Town is not currently performing internments. Should you have any questions or concerns with this request, please feel free to contact me at (607) 273-1721. Thank you for your time and consideration. Respectfully Submitted ^ rtj. Ep^a Town Supervisor erbert J. Ei;i^an, 01/08/2007 MOK ..3:41 FAX 518 473 0876 NYS STATE CEMETERIES NYS Dqjartnjcnl ofState DIVISION OF CEMETERIES f\0 41 Smie Sii'tLi Albany, NY 12231 (518) 474-6126 Application for Funds for Maintenance of Abandoned Cemeteries Section 1507(h) of the Not-for-Profit CoipoMtion Law creates a fund which will provide for the maintenance of abandoned ccmctcry property. Cemetery Bo;ird Rule ofProcedme 200.11 defines the tenns aadprcccdurcs to be followed to ^ply for these monies. In order lo be eligible for fimds for the maintenance of abandoned cemeteries, a municipality must show that the cemetery was once owned by a virtue of the Membership Corporation Law. A copy of certificate of incoiporation ofthe cemetery must be attached to this application. ' / p 1^ / wmaAMOUNt1eDCOUNTY IN WHICH _CEMET. To ( ERYN CEMETERY IS LOCATED NAME^F - ADDRESS OF MUNIdPALITY , . ..^fiPOTACT PERSON5t~. J^~rL,c4^c^c^^>N y 77/ ! TELEPHONE NUMBER , ^01 -FAXNUMBER __ . Describe any cer^pti, rnete ' trust funds,-01' endowments on hand:.tylrus..— 2.Describe current status of cemetery with respect to abandonment (what maintenance is performed,. st2e of Ccradery, generaLcondition, etc.): Use addifiond sheets, if necessary. S'e f 4-4-c^ n n 3.Spedfic purpose for.which these fund&will be wed: <>^ -e, Ar 4—j-<XQ ^ 4. Docs this cemetery currently psrform interments or crcmatioiK?Yes - No I hereby certify that the above information is true and correct to the best ofmy knowledge. I further acknowledge that tite responsibility for restoration and future cave, preservation and maintenance of the above mentioned cemetery has been assumed by this mtmicipality. Signature of Town Ofjlciati Dato @002 d -7 7 ' C^Sk--^:5 /i,,/' -; •-^/'''^-••J' --lA. A/r -z-y j-ici-f / ^ /-^C^ ~r <'<^J/' 5^- f.// -"^.'5 -^^7 4-^/^ <L^ ^6/ ---.3 ^^ nn „ ^ ^ cf' <C7/ TZ/l^/^ a! <4 /a ^ c ^ . f-f^ ~7t£^ . A^ ' A--S- "z^^ (B* u.i~jA O-K-Zi^ vZy^fc, ^ • •'•'- -'•■ • \N \ - _ •■,.:'^- V - ■ /" - ■ - * • ^ • -S. - V . ^ ' "*" . .-:'■ . ■>. ,. - -■ >, ■ ■. \ • \ • ■ \ V .^ , • - - ^ • - . "V -.•. :> —- --^ V , ^ - .. "> ■ • - • . - . . , ' V t . ^ r '..^: - ■>- . ... - - - - " — "'■> ■■ ' ... . . ,. . • . ^ .. , • t;:..::-" i.,-..... . 77. § 291. Burial grounds 1. The title to every lot or piece of land which shall have been used by the inhabitants of any town in this state as a cemetery or burial ground for the space of fourteen years shall be deemed to be vested in such town, and shall be subject in the same manner as other corporate property of towns, to the government and direction of the town board. In any town the town board may adopt regulations for the proper care of any such cemetery and burial ground and regulating the burial of the dead therein. It shall be the duty of the town board to remove the grass and weeds from any such cemetery or burial ground in any such town at least three times in each year, and to erect and maintain suitable fences aroimd such cemetery or burial ground. The town board of any town must also provide for the removal of grass and weeds at least twice in each year from any cemetery or burial ground, by whomsoever owned, in such town, where such control is not vested by other provisions of law in the town or in trustees or other corporate body, and provide for the preservation, care and fencing of any such cemetery and the town board of any town must also provide for the removal of grass and weeds from all cemeteries, other than private burial grounds, which are abandoned or not controlled by any existing board or body and for the care of which there exists no special fund or endowment and such duties shall be performed under the supervision of the town board, or a person whom the town board may designate; provided, however, that such duties shall not be exercised in respect to any private ground or particular lot or lots therein after the true owner or owners thereof file written objections thereto with the town clerk. The cost and expenses of any officer or person in performing any duties under or pursuant to the provisions of this section shall be a town charge, and the town board shall appropriate and provide annually the moneys necessary for carrying out the provisions of this section, and make the same available for the proper officer or persons by whom the moneys are required to be expended. The town board may also receive and execute any trust for the care of any cemetery which the town is required to care for pursuant to the provisions of this section and to receive and execute any trust for the care of lots in any such cemetery. 2. Burial grounds and cemeteries of which the title is vested in or the care or control is charged upon any town, by virtue of this section, shall not be taxed or assessed for any local improvement or other purpose whatsoever by any village, and no action shall be maintained against any town to recover the cost of any local improvement or municipal charge, based on town ownership or care of such burial grounds, the provisions of any special, local or general statute whatsoever to the contrary notwithstanding. 3. Upon the adoption of a resolution therefor, the town board may construct and maintain permanent improvements in any one or more of the classes of cemeteries described herein and may acquire, by purchase or condemnation, additional lands for cemetery or burial ground purposes, whenever in the judgment of the town board it is necessary or advisable that such improvements be made or additional lands be acquired. If the expenditure for such improvements or acquisition is in excess of three hundred dollars and is to be paid by taxes levied for the fiscal year in which such expenditure is to be made, or paid from the proceeds of town obligations, the adoption of any such resolution or resolutions shall be subject to a permissive referendum in the case of towns of the first class and to a mandatory referendum in the case of towns of the second class. The improvements so made or the lands so acquired shall be used only for the purposes authorized by this article but such cemeteries or burial grounds so improved or enlarged shall not be subject to conveyance or transfer pursuant to section two hundred ninety-two of this chapter. The expense of such improvements and/or the acquiring of such lands may be fmanced in the manner provided in article fifteen of this chapter for the financing of general improvements. 4. [Omitted] § 292. Transfer of burial grounds to cemetery corporation Any town may convey and transfer its right, title and interest in any burial grounds within the limits of and belonging to the town, or belonging to the town and individual lot owners, to a cemetery corporation authorized to hold and maintain property within the town for cemetery purposes, organized or to be organized under the membership corporations law. The deed of conveyance shall be executed by the supervisor, after the town board shall have authorized such conveyance. § 292-a. Cemetery and funeral home combinations 1. No town shall, directly or indirectly: (a) sell, or have, enter into or perform a lease of any of its real property dedicated to cemetery purposes or adjacent thereto to a funeral entity, or use any of its property for location of a funeral entity; (b) commingle funds used for cemetery purposes with a funeral entity; (c) direct or carry on its cemetery related business or affairs with a funeral entity; (d) authorize control of its cemetery related business or affairs by a funeral entity; (e) engage in any sale or cross-marketing of goods or services with a funeral entity; (f) have, enter into or perform a management or service contract for cemetery operations with a funeral entity; or (g) have, enter into or perform a management contract with any entity other than a not-for-profit or religious corporation, or governmental entity. 2. Only the provisions of paragraphs (a) and (b) of subdivision one of this section shall apply to towns with thirty acres or less of real property dedicated to cemetery purposes, and only to the extent the sale or lease is of real property dedicated to cemetery purposes, and such cemeteries shall not engage in the sale of funeral home goods or services, except if such goods and services are otherwise permitted to be sold by cemeteries. 3. For the purposes of this section, "funeral entity" means a person, partnership, corporation, limited liability company or other form of business organization providing funeral home services, or owning, controlling, conducting or affiliated with a fianeral home, any subsidiary thereof or any officer, director or stockholder having a ten per centum or greater proprietary, beneficial, equitable or credit interest in a funeral home. § 296. Abandonment of cemeteries ' Upon a verified petition presented to a judge of a court of record by any supervisor of any town in this state, the judge to whom said verified petition is presented shall make an order to show cause, returnable before him at a time and place within the county in not less than twenty days from the date of presentation of said petition, why the remains of any deceased person buried in potter's field, or in any neglected or abandoned cemeteries in which no deceased person shall have been interred within twenty years, should not be removed to and reinterred in a properly kept incorporated cemetery in the same town or in a town or city adjoining the town in which the remains of each deceased person or persons are buried, and to fix the amoimt of expenses for such removal and reinterment, and the order to show cause shall provide for its publication in a newspaper, to be designated in the order, which is published nearest to the cemetery from which the removal is to be made, once in each week for two successive weeks. The verified petition presented to the judge shall show that the petitioner is a supervisor of the town in which said cemetery is located and (1) the name of the deceased person or persons whose remains are sought to be removed, if known; (2) the name and location of the cemetery in which he is interred and from which removal is asked to be made; (3) the name and location of the incorporated cemetery to which the remains are desired to be removed and reinterred; (4) the facts showing the reasons for such removal. Upon the return day of the order to show cause and at the time and place fixed in said order, upon filing proof of publication of the order to show cause with the judge, if no objection is made thereto, he shall make an order directing the removal of the remains of said deceased person or persons to the cemetery designated in the petition within the town or city or within a town adjoining the town or city in which the remains are then buried and shall specify in the order the amoimt of the expenses of such removal, which expenses of removal and reinterment, including the expense of the proceeding under this section, shall be a charge upon the town in which the cemetery is situated from which the removal is made and such expenses shall be a town charge and audited by the town board and paid in the same manner as other town charges. On and after the removal and reinterment of the remains of any deceased person or persons, the expenses for annual care of the grave in the cemetery to which the removal is made shall be annually provided by the town in which the remains were originally buried at a rate not to exceed fifty cents per grave, and shall be paid annually to the incorporated cemetery association to which the remains of each deceased person may be removed or reinterred. Any town owning a lot or lots in a cemetery maintained by an incorporated cemetery association in which the remains of deceased persons have been or may be buried pursuant to this section, however, may pay such association an amount sufficient to provide perpetual care therefor. The petition and order shall be filed in the county clerk's office of the county in which the remains of the deceased person were originally interred, and the service of a certified copy of the final order upon the cemetery association shall be made prior to any removal. Any relative of the deceased person or the officer of any cemetery association in which the remains of the deceased person were originally interred may oppose the granting of said order and the judge shall summarily hear the statement of the parties and make such order as the justice and equity of the application shall require. Any headstone or monument which marks the grave of the deceased person shall be removed and reset at the grave in the cemetery in which the removal is permitted to be made and in each case the final order shall provide the amount of the expenses of such removals and reinterment and resetting of the headstone or monument, including the expenses of the proceedings under this section; except that where provision is otherwise made for the purchase or erection of a new headstone, monument or marker at the grave in the cemetery to which such removal is permitted, such old headstone or monument need not be so removed and reset, in which case such final order shall not provide for the expense of resetting. The order shall designate the person or persons having charge of the removals and reinterments. Upon completion of the removal, reinterment and resetting of the headstones or monuments, the person or persons having charge of the same shall make a verified report of the removal, reinterment and resetting of the headstone or monument and file the report in the clerk's office of the proper county. After said bodies shall have been removed and reintened in the manner prescribed by said order, said lands in which such deceased persons were originally interred shall be available for and subject to such uses for town purposes as the town board of such town may determine and may be conveyed or otherwise disposed of in the same manner as other town lands. ccra< State.-OF New York Department of State Division of Cemeteries "i r u ^ -7 i q ' ( S Tct ~1 I CEMereRY Board" —* I-.t-—-4"; •SecREYAttY.oF State- Chairman EU'OT SPltZER Attorney Generau Dr. Antonia C NoVello CoMMiss'ONER ©=■ Health 4 r State Street •ALBANY. NY I E 23 I 0061 (5 l!S) 474-0226 Fax- (5 18)473-6876 I 23 William Street . NEW YORK, NY 16638^3804 12 i 2) 4,1 7-57 I 3 FAX (21.23 4l''7-2322- Richard D, Fish'man b),RECTOR Chester ibutkiewicz -AnaistANT' dTrrctop TOWN TAKEOVER Al'PLICATION PROCESS. The basis forTpwn takeover of the cemeteries regulated by the New York Slate Cen^et^ry Board is abandonment by the cemeteries' board of directors. The main reasons for abandonment is the resignation of the board of directors: with no one interested in serving; or the cemetery is rinancialiy unable to continue operations. The Cemetery Board has set policy for Towns seeking State funds for a one-lime clean up. Applications will be entertained by the Cemetery Board: if the cemetery title has been transferred within 5 years of the application date. The fpHowihg issues are eligible for funding: 1. .Removal of fallen trees, limbs and/or pruning. 2. Grass cutting, c 3. Righting downed lieadistories. ' ' 4. Restoring suiikea graves. 5. Placement of cemetery lights. 6. Replacement of cemetery doors and locks. 7. Removal of debris and litter. 8. Replacement of cemetery plantings:. Thefbllowing labor/equipment costs are eligible for funding; 1. Direct contract labor. 2. Town labor if on overtime. 3 . Proportionate rental of equipment oi* proportional share of the cost of capital equipment purchased by tlie Town. All equipment purchases must be based upon the State OGS contract prices. If outside Contractors are used, two bids must be submitted, with application. THE FUND WILL NOT PAY THE FOLLOVVXNG: 1. The ongoing cost of staffing the: cemetery. 2. The purchase of capital equipment for continuing cemetery operations i.e. grave digging, pouring of foundations, etc. www 00 s. STATE. MY. U 3 • E'^Mail? iNF0@DO3.srAre,'Ny.us «e,Tekt.p wtA Ql/08/2007 MON 13:42 FAX 81S 473 0S76 NYS STATE CEMETERIES IglOOd 200.11 State Cemetei^ Vandaliim Restore tioD^ Monumeat Repair or Removal and Administratloa Fnnd. (a) Definitions. (2) Abandoned cmetery means a (xsmetciy maintained by a municipality pursuant to law« inclu^g but not limited to one maintained by a town pursuant to Town Law, section 291 or by a cpunty pursuant to Coun^ Law, section 222(5-a), wliicb cemeu^ was previously owned ^ a cemetery c^uration organized pursuant to fiie No^^br-Frofit Corporation Law or existmg by virtue of the Members^ Corporation Law, fin- which there no longer exists any corporate board or body to mamtain it, and for which there is no sufficient trust fimd or endowment to provide ordinary and tiecessaiy care and maintenance. Cs) Application ibrmaintOTance of abandohed'ce^teiics. (1) An application firr leimbursemeat for the fair and reasonable expenses fbr maintenance may be made on behalf of an abandoned ccmctciy by die mrmicipali^ In charge of the maintenance of such cemetery. Such applicafion shall Include: (I) a certification from the municipality ofthe current status ofthe cemetery widi respect to abandonment; the funds of the cemetery and the Investment income thcicffroi; ^nations, if an>^ whcdier die cemetery curreoily'sells lots or graves or performs iniermenis or cremations, and if so, the annual number and the total rev^e; (ii) the proposed amount and purpose of the disbursement; and (ill) the contEibution of the mumcipallty and others, if any, with respect to die mamtenance of the cemetery. (2) Within 60 days of receipt ofa con^lete application, ^o Cemetery Board shall make a determination, based upon the fbUowing: - - - - (1) severity of conditions; (U) vtdien-appJicablc, ^propriateness of use ofprior payments from the fimd; (iii) compliance with New York State Law affecting cemeteries; (ivy priority of t^plication based upon previous applications; and (v) availability ofmoiiies within the Fund. (3) The Cemetery Board shall ^ply the following guidelines in authorizing a disbursOTient for the m^ntt&anee of an abmdoned cemet^: (i) moneys disbursed shall be used exclusively for the purpose ofxoaintaiance of an abandoned cemetery; -« • (ii) the costs of labor and equipment rental or lease for a one time elcan-iqi m^r be audiorlzed; (iii) equipment purchases that arc essential for the maintenance ofan abandoned cemetery may be auftorized, provided that disbursements for equipment purchases may not exceed die price offered fay die Office of General Services for the same or rfTniiflf equipment pursuant to section 163 ofthe State Finance Law; (iv) where equipment is purchased by a monidpality for episodic maintenance of an abandoned cemetery, the pro-rated share of the purchase costs attributable to cemetery use may be considered for rdmhurscmenq (y) labor costs associated with fiiture cemetery care, preservation and maintenance that are tee legal obligatioQ of a municipally may not be rmmbursed; (vi)..moncyii disbursed may not be used to pay for die cost ofthe ongoing operation of an abandoned cemetery. (b)-Use of disbursements by a munic^ity. (1) The munic^aliy must apply all disbursemeats made by the Cemetery Board to the tuainienascc ofthe cemetery as described in the order ofthe Cemetery Board authorizmg a disbursement P) Any fluids remaining after the mrimenance has been pcEfcnhed must be returned to the Cemetery Board fbr KtteposU into the fiind. (3) Wthin 90 days of ite receipt of tesbursements, the municipaliy shall make a rqiort to the Cemetery Board setting fordi details ofthe maintenance and clean-up undertaken, equ^ment purchase^ and the amoimt of fiinds, ifa]y,to bcrcdeporitedindiefUnd. If Ihc maintenance and clean-up havenbt bccnconqileted, orthe cquipmsht requested has not been purchased, the reasons therefbr shall be set fortb, and the anficipai^ date for a sutoequeni, final rqioxt shall be disclosed. 01/08/2007 MON 13:41 FAX 518 473 0876 NYS STATE CEMETERIES NYS Dqiartment ofState DIVISION OF CEMETEXUES f<0 41 Sliiu, Cundi' @002 Albany^ NY 12231 (518) 474-6226 AppUcation for Funds for Maintenance of Abandoned Cemeteries Section lS07(ii) of the Not-for-Profit CoiporatlonLaw creates aiiind which will provide for tiie inainienancc of abandoned cemcteiy property. Cemetery Boitrd Rule ofProcedure 200.11 defines the terms and pioccdurei to be follov^ to ^ly for these monies. In order lo bo eligible for fimds for file maintenance ofaban^ed ccmctenes, a nuinicipaiity must show fiiat the cemetery was once owned by a virtoe of the Membership Corporation Law. A copy ofthe cecti^tc of ixjcoipoTation ofthe cemetery must be atmched to this application. 2.Describe cmrent status of cemetery with respect to abandonment (what maintenuce is performedj size of Cemctsiy» general condition, etc.): Use additional sheets, ifnecessary 3. Specifiepuipose for which fiiese funds willbe used: 4. Does this ccmeteiy currently perform intennents or crcmatxona?Yes No i^OUNT REQUESTED COUNTY IN WHICH CEMETERY IS LOCATED CBMBTERYNAME NAME OF MUNIOFALTTY CONTACT PERSON ADDRESS OF MUNIdPALTTY telephone number FAX NUMBER ( )( ) 1. Describe any cemetery trust funds oi endowments on hand: I hereby certiiy that the above infotmafioa is irue and correct to fiie best ofnry Imowiedgei I fiuthsr acknowledge that file TespoDsibUity for restoration and futui e cai-e,-pieservaticn and maintenance of fiie above mehfioned cemetczy has been assumed by fills municipality. Signature of Town Official:,Date: y-jv. I INLET VALLEY CEMETERY, INC. REQUEST FOR TOWN OF ITHACA TO TAKE OVER INLET VALLEY CEMETERY AND OTHER ASSETS I, Bernard Van Orman, the only remaining director of Inlet Valley Cemetery, Inc., living and residing In New York State, pursuant to Section 1506(j) of the New York Not- for-Profit Corporation Law, hereby request the Town of Ithaca, County of Tompkins, New York, to accept conveyance of the property and transfer of the assets of Inlet Valley Cemetery, Inc. and to assume the maintenance of and administrative duties regarding the Inlet Valley Cemetery located at Elmira Road In the Town of Ithaca, Tax Parcel Number 35.-1-20. I agree that upon the Town's formal acceptance of the aforementioned conveyance and responsibilities, I will turn over to the Town of Ithaca all records and assets of Inlet Valley Cemetery, Inc. These assets are the real property located at Eimira Road on which the Cemetery is located, and certain funds for perpetual care, permanent maintenance, special trust, and general operations. In the following amounts and deposited in the following banks: $ 1,007.48 — Tompkins Trust Company checking account $ 11,004.80 - Tompkins Trust Company certificate of deposit I hereby affirm that Inlet Valley Cemetery, Inc. has no lots left to sell (to the best of my knowledge) and no debts or outstanding liabilities. Inlet Valley Cemetery, Inc. has been arid still Is unable to procure sufficient principal and income from the above funds, its members, and the representatives of the deceased persons interred In Inlet Valley Cemetery to provide ordinary and necessary care and maintenance for the Cemetery, in addition, the board of directors of Inlet Valley Cemetery, Inc. is no longer able to function, for a number of years has been able to fill only two of the six director positions required by its Certificate of Incorporation, and now has only one director. January 27, 2010 -1 I therefore make this request in recognition of the fact that a Town takeover Is the only reasonable course of action to preserve and protect the best interest of the Inlet Valley Cemetery and'the persons buried in the Cemetery. Bernard Van Orman Director Inlet Valley Cemetery, Inc. DATED: 7 January 27, 2010 INLET VALLEY CEMETERY, INC. CONVEYANCE OF ASSETS AND PROPERTY I, Bernard Van Orman, the only remaining directoy of Inlet Valley Cemetery, Inc., living and residing In New York State, in recognition of the acceptance by the Town of Ithaca, County of Tompkins, New York, of the responsibility to care for and maintain the Inlet Valley Cemetery, do hereby convey the assets and property of Inlet Valley Cemetery, Inc. to the Town of Ithaca for their management and maintenance, subject to the Town of Ithaca's acceptance of the deed for the Inlet Valley Cemetery premises. Bernard Van Orman Director , Inlet Valley Cemetery, Inc. DATED; '/ /ta/O f January 27, 2010 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Paulette Terwiiliger, Town Clerk pterwilliger@tQwn.ithaca.ny.us Phone: (607) 273-1721 Fax: (607) 273-5854 Debra DeAugistine, Deputy Town Clerk ddeaugistine® town.Ithaca.ny.us May 23, 2011 Carol Gonyou 3597 Miller Rd Waterloo, NY 13165 Dear Ms. Gonyou, This letter should serve as confirmation that a receipt stub for Plot #116 in the name of Mrs. Betty Royce of Interlaken NY, RD2 signed by Milton P. Royce, President dated March 11,1959 for $180.00 is in the documents we received from the Trustees of the Inlet Valley Cemetery in 2009-2010. It says: Block: Lot No. (blank) _116_ Consideration $180 Purchaser Mrs. Betty Royce Interlaken NY RD2 Date of Certificate Mar 11, '59 Meton P Royce, Pres. Due to the age and type of book the receipt stub is in, I would prefer not to attempt to copy it unless it is absolutely necessary as the process may deteriorate the paper even more. 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