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HomeMy WebLinkAboutTB Minutes 1994-05-09 ResolutionTown Board Meeting 5/9/94 Agenda Item No. 14 RESOLUTION AUTHORIZING ABANDONMENT AND 0 TRANSFER OF UNOPENED PORTION OF ORCHARD STREET Resolution No. 105 WHEREAS, there was a subdivision map filed many years ago which showed on it a street known as Orchard Street extending from the present terminus of Orchard Street on the north side of Roat Street southerly across Roat Street and approximately 368 feet further south; and Whereas, it does not appear that the portion of Orchard Street lying south of Roat Street has ever been formally dedicated to the Town of Ithaca; and WHEREAS, there does exist a drainage swale in said unopened street for the purposes of providing drainage along the lots adjoining Orchard Street; and WHEREAS, the Town has negotiated a proposed agreement between the Town, Randy 0. Wayne, the owner of the lot on the west side of said unopened portion of Orchard Street and with the Estate of Joseph Gargiulo, the owner of the lot on the east side of Orchard Street pursuant to which the Town abandons its interests in the unopened portion of Orchard Street and agrees to transfer whatever rights it may have in same to said landowners in exchange for a conveyance by each of said landowners of an easement for drainage purposes to the Town; and WHEREAS, the Town held a public hearing on the proposed abandonment and transfer of Orchard Street on May 9, 1994; and WHEREAS, the Town by appropriate proceedings has determined that there is no significant environmental impact of such abandonment and transfer; NOW, THEREFORE, it is RESOLVED, that the Town of Ithaca hereby abandons any interest it may have in and to the unopened portion of Orchard Street lying south of Roat Street subject to, however, and contingent upon, the execution and receipt of an agreement from the landowners adjoining said unopened street on each side granting to the Town an easement for drainage purposes along said unopened street, all as more particularly shown on a map made by Allen Fulkerson, a copy of which is to be attached to said agreement; and it is further RESOLVED, that the Town Board authorizes the Town Supervisor to execute quitclaim deeds to each of the adjoining landowners quitclaiming any rights the Town may have in and to the title to Orchard Street, subject to the receipt of appropriate deeds from the adjoining landowners granting to the Town the right to maintain the above referred to drainage easement; and it is further RESOLVED, that the form of the deeds and easements be approved by the Town Supervisor, Town Engineer and attorney for the Town before final execution; and it is Orchard.res, %p5lith, April 27, 1994 8:42am Agenda Item No. 14, 5/9/94 Page 2. further RESOLVED, that this resolution and the execution and delivery of said documents by the Town is contingent upon either (a) No permissive referendum being requested as permitted by law; or (b) If such a referendum is requested, such referendum is held and this resolution is approved at same; and it is further RESOLVED, that the Town Clerk within ten days of the adoption of this resolution post and publish a notice and abstract or a copy of this resolution in the manner required by Town Law, Section 90, specifying this resolution was adopted subject to a permissive referendum. MOVED: Councilman Klein Carried Unanimously SECONDED:Councilwoman Grigorov DATED: May 9, 1994 Jo n Lent Noteboom, Town Clerk