HomeMy WebLinkAboutSouth Hill Fire Station Schedule A 1988BARNEY. GROSSMAN. ROTH 8c DUBOW
ATTORNEYS AT LAW
315 NORTH TIOGA STREET
P.O BOX 6556
JOHN C. BARNEY
ITHACA. NEW YORK 14851.6556
PETER G. GROSSMAN
NELSON E. ROTH
(607) 273-6841
DAYIo A. Dueow
April 21, 1988
RICHARD P. ROSWION
ROSANNE MAYER
Mr. Noel Desch
Town of Ithaca
126 East Seneca Street
Ithaca, New York 14850
Dear Noel:
I�ul gpRL 21988 I, I';
TELECOPIER
(607) 272-8806
Enclosed is a copy of a letter I received from Wiggins and
Masson together with the resolution they enclosed. I am
concerned about the resolution insofar as it relates to limiting
the use of the property to a fire station. Do you want to
contact Tom Sahm in this regard or do you want me to follow up
directly wit Mr. Wiggins' office.
With best regards.
Very truly yours,
l
JCB:bl �~
Enc.
IT IS RESOLVED AS FOLLOWS:
That Ithaca College shall convey to the Town of Ithaca
the premises described in Schedule "A" annexed hereto, subject to
all existing rights of way and easements of record, and subject
to a right of reverter if
(a) the Town of Ithaca fails to construct a fire station on
the land within three years of the date of conveyance; or
(b) the Town of Ithaca, after having constructed the fire
staion of the premises, ceases to use the premises as a fire
station.
SCHEDULE A/
All that tract or parcel of land sit
Ithaca, County of Tompkins, state/of New
point marked by a pole located on the easto
State Route 96B, at the NW corner of lands
Patricia Ferrara, Book 602 o:
running thence N280191E along said easterly
for a total of 320 feet, to a pipe set in
the highway; thence S51-244,61E for a total of
marked by an iron pipe/ thence S28°23'W for
to a point marked bya n iron pipe; thence N-7/1
221.6 feet to the point or place of begiafl
acres of land morei6r less. r
� 6 3" 1) b
uate in the Town of
or
, beginning at a
ar line of New York
/owned by Savino and
Deeds at Page 597;
line of the highway
the easterly line of
feet to a point
�r2O�'W
al of 260.5 feet
for a total of
ning, containing 1.5
WIGGINS AND MASSON
ATTORNEYS AND COUNSELORS AT LAW
006 N. TIOGA ST.
POST OFFICE DO % 099
ITHACA, N. Y. 14851
WALTER J. WIGGINS
ROBIN ABRAHAMSON MASSON
April 8, 1988
John Barney, Esq.
Barney, Grossman, Roth & Dubow
315 N. Tioga Street
Ithaca, NY 14850
Re: Town of Ithaca: South Hill Fire Station
Dear Mr. Barney,
TEL. (609) BJJ 0040
(607) E]P 0479
A proposed Board resolution in regard to the above matter
was sent to Ithaca College today for their review. Enclosed
please find a copy for your information.
Very truly yours,
WIGGINS& MASSON
By Ma��r tter� DGf lVeldenhuys
Paralegal
Encl.
BARNEY. GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
315 NORTH TIOGA STREET
P.O. BOX 6556
JOHN C. BARNEY
ITHACA. NEW YORK 14851.6556
PETER G. GROSSMAN
NELSON E. ROTH
(607) 273-6841
DAvio A. Dueuw
—
April 21, 1988
RICHARO P. RuswiCK
ROSANNE MAYER
Ms. Mariette Geldenhuys
Wiggins and Masson
308 North Tioga Street
Ithaca, New York 14850
Dear Ms. Geldenhuys:
TELECOPIER
(607) 272.8806
This will acknowledge receipt of your letter of April 8,
1988 and the enclosed resolutions.
We have difficulty with the resolution insofar as it
provides a right of reverter in the event the fire station ceases
to be used as a fire station. The Town of Ithaca will be
expending nearly (or perhaps more than) a million dollars to
construct a building on the premises. While it is certainly
contemplated that at present the building will indeed be a fire
station there may come a time, at some point in the future, for
reasons not now clear to any of us, when a fire station may be
inappropriate or uneconomical in that particular location. In
that event, the Town, having made the expense, would want to be
able to use the building for some other municipal purpose. I
believe the Town would be willing to accept an arrangement
whereby there was a reversion in the event the property ceased to
be used for municipal purposes. However, limiting it to fire
station purposes alone is quite severe. I have forwarded your
letter and the enclosed resolutions to Mr. Desch for his comments
as well. However, I did want to let you know our feeling about
this matter at the present time pending receipt of his reaction.
I also have a little difficulty with the description in
Schedule A. I believe the one bearing is erroneous. Enclosed is
a marked version of Schedule A for your consideration.
Very truly yours,
JCB:bl
Enc.
Dictated but not read
by Mr. Barney
bc: Mr. Noel Desch