HomeMy WebLinkAboutPearsall Pl easement reference tied to Emerson TB Minutes 1983-06-21Town Board Minutes -3-
June 21, 1983
Councilwoman Kiefer referring to #40 and #41 (birds and
wildlife), asked Mr. Lovi if he had asked anyone about birds
that use the area?
Mr. Lovi responded that he had not, but would know the
answer when the Environmental Impact Statement is completed.
INTERSECTION - BURNS ROAD AND ROUTE 79
® RESOLUTION NO. 81
Motion by Supervisor Desch; seconded by Councilman Cramer,
® RESOLVED, that the Town Board of the Town of Ithaca hereby
directs the Town staff to encorporate Environmental
Assessment of the Intersection with Route 79 and Burns Road
in the DEIS for the Burns Road Project.
(Desch, Kugler, Raffensperger, Cramer, McPeak, Kiefer and
Jennings voting Aye. Nays - none).
EASEMENT - 163 PEARSALL PLACE
Supervisor Desch stated that the Town had been asked to
grant a permanent easement for the benefit of the property
at 163 Pearsall Place for an access driveway over land
previously granted the Town for access for water
improvements. He went on to say that both he and the Town
Engineer were comfortable with the easement and felt that it
was not giving anything away.
RESOLUTION NO. 82
Motion by Supervisor Desch; seconded by Councilwoman
Raffensperger,
RESOLUTION, granting easement for ingress and egress for
persons and vehicles to and from 163 Pearsall Place over the
parcel conveyed by Therm Electric Meters Company, Inc., to
the Town of Ithaca by deed dated July 7, 1954 recorded in
Liber 369 of Deeds at page 315 used in connection with water
improvement and pump station in this portion of the Town of
Ithaca, and
Provisions will be made for limiting the use to the
occupancy and the dwelling as now constructed; the owners of
163 Pearsall Place will be liable for any damage caused to
the Town premises and to the facilities thereon resulting
from the negligence or any act of the owners: The buyers
agree to save and hold harmless the Town of Ithaca, its
® agents, servants, employees, contractors and so forth from
any and all damages or liability which the Town may incur
because of any act or negligence of the grantees of the
easement, including reasonable attorneys' fees; the grantees
will provide such insurance as may be required by the Town
indemnifying the Town against any such liability; the
grantees will pay to the Town all necessary expenses
incurred in connection with the granting of this easement
including cost of publication of notice, and
Notwithstanding the foregoing provisions it is understood
that the final form of the easement shall be such as will
have been approved by the Town Engineer, the Town Attorney,
and the Town Supervisor and will contain such provisions as
they may have determined should be included, and
Town Board Minutes -4- June 21, 1983
The Town Board is authorized to execute the deed. This
resolution, however, is subject to a permissive referendum
and the deed conveying title shall not be delivered until
the Town Attorney has determined that no petition for a
referendum has been filed, and
This easement shall also be subject to approval by the
Southern Cayuga Lake Intermunicipal Water Commission.
Councilman McPeak asked if this was just a driveway access?
® Supervisor Desch responded yes.
isCouncilman Kugler remarked which probably the adjourning
property owner has been using all along.
Supervisor Desch pointed out that the easement was without
time limit.
(Desch, Kugler, Raffensperger, Cramer, McPeak, Kiefer and
Jennings voting Aye. Nays - none).
Supervisor Desch reminded Board members of the Planning
Board meeting on Eastern Heights Park development which will
follow immediately after this meeting.
ADJOURN14ENT
The meeting was duly adjourned.
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