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HomeMy WebLinkAboutSupervisor Desch RE 1984 Land Transfer Brink to Townfinal MEMORANDUM TO: James V. Buyoucos, Esq. Town Attorney FROM: Lawrence P. Fabbroni, P.E. Town Engineer RE: Land Transfer between Town and Brink DATE: March 8, 1984 Enclosed please find a copy of a deed offered to the Town by the Brinks. My review shows it to be in accordance with the area to be transferred to the Town by the Brinks. As a part of the agreement, the Town will simultaneously transfer a parcel of land to the Brinks. I enclose a description of the parcel to be conveyed to the Brinks for your editing and formal pre paration for signature. As both the Brinks and Town are anxious to assume posses sion and use of their respective new lands, your early attention to this matter would be most appreciated. LPF/nf enclosures xc - N. Desch L. Holmberg That Tract Or Parcel Of Land situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at an old iron pin at the southwest corner of the premises of the grantor, said point being also the southwest corner of premises conveyed to the grantor by Iva C. Marion by deed dated September 3, 1976, recorded September 7, 1976, in the Tompkins County Clerk's Office in Liber 553 of Deeds, Page 739; thence northerly along an east line of the grantee 285 feet more or less to a point in the center of a brook; thence southeasterly along the center of the brook to a point in the south line of the premises of the grantor being also a point in the north line of the premises of the grantee; thence westerly along the north line of the grantee to the place of beginning 829.6 feet, more or less, the above descri bing the same portion of the premises of the grantor shown as the entirety of his lands south of the Brook on a map of the premises of the grantor prepared by Carl Crandall, C.E., dated May 10, 1943 and recorded in the Tompkins County Clerk's Office at Liber 553 of Deeds, Page 741. 'Mi \r Form S83XN. Y. DEED-WARRANTY with Lien Covenant TUTBLANX REOiSTCASO U S PAT OFPlCC TUTTLE LAW PHIMT. PUBUSHCitS. KUtLANO, VT 0S70I Made the day of Nineteen Hundred and Eighty-four ^etfncen MILLARD A. BRINK and LUCILLE D. BRINK, both of 706 Elmira Road, Ithaca, New York, 14850, party of the first part, and TOWN OF ITHACA Mff-A ^ -.al . . - . - party of the second part,that the part y of the first part, in consideration of Dollar ($1,00 )lawful money of the Umted States, and other good and valuable consideration paid by the part y of the second part, do hereby grant and release unto the part^ of the second part, it successors and assigns forever, all THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: Beginning at a point in the north line of premises now of the grantee herein, said point being south 89® 51' 20" west 412 feet from the center line of Seven Mile Drive, said point being also the southwest corner of premises conveyed by Bernard A. Rose and Helen M. Rose to Fred W. Moon and Ethel V. Moon by deed dated December 30, 1952, recorded July 27, 1953 in the Tompkins County Clerk's Office in Liber 360 of Deeds, page 145 (now reputedly of Boyce); thence south 89® 51' 20" west along the north line of premises of the grantee 942 feet to a point; thence north, parallel to the west line of premises formerly of Moon 105 feet to a point; thence north 89® 51' 20" east 942 feet to a point in the west line of Moon; thence south along the west line of Moon 105 feet to the point or place of begin ning. Being a portion of the premises conveyed to the grantors herein by Helen M. Rose by deed datd June 24, 1983, recorded in the Tompkins County Clerk's Office in Liber 595 of Deeds, page 20. SUBJECT TO the following insofar as they affect the above described parcel: 1) Rights of way granted to New York State Electric & Gas Corporation by instrument dated September 25, 1978. recorded in said Clerk's Office in Liber 215 of Deeds, page 532 and by instrument dated August 21, 1961, recorded in said Clerk's Office in Liber 437 of Deeds at page 649. Reference is made to a survey map entitled "Two Parcels of Land Owned by Helen M. Rose, Town of Ithaca, Tompkins County, New York", prepared by R. L. MacDowell, dated June 6, 1978, and filed in t.he Tompkins Countv Clerk nffire on Ti.no with the appurtenances and all the estate and rights of the pary of the first part in and to said premises, bntof anb to holb the premises herein granted unto the part y of the second part, its successors and assigns forever. <Anb said parties of the first part covenant as follows: Jfirjst, That the parfy of the second part shall quietly enjoy the said premises; ^econh, That said parties of the first part will forever 3®i*rrant the title to said premises. That, in Compliance with Sec. 13 of the Lien Law, the grantos will receive the consideration for this conveyance and will hold the right to receive swca 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 the cost of the improvement before using any part of the total of the same for any other purpose. 3*1 ®itneaa J10t|ercaf, the parities of the first part ha ve hereunto set their hands and seal Q the day and year first above written. l^resence of of *^orh (On this day of CHountg of TOMPKINS J Nineteen Hundred and Eighty-four before me, the subscriber, personally appeared MILLARD A. BRINK and LUCILLE D. BRINK to me personally known and known to me to be the same persons described in and who executed the within Instrument, and \^he y acknowledged to me that \hey ex ecuted the same. Notary Public VDKll «i V. T. DBBl^yau Ovnmtmt 3980 im TUTSLAMX "laitrcwo ws.MTo»»iC« )b/r/e Onr AAtaAvx. iisLK 553 f*cE 739 imturjf Made the 3rd Seventy-six doj/ of September Nineteen Hundred and IVA C. MARION of Nates Floral Estate, Ithaca, ^^nnphins County, New Yor>:, . party of the first part, and subdivision and municipality of the state of 14850? Office Address 126 E. Seneca Street, Ithaca, Mew York the paH part y of the second part, y of the first paH, in consideration of —-One and no/100—— ——™ Dollar 1.00 ) lawful money of the United Stages, onA other good and valuable consideration paid by the paH Y of the eecond part. dOBB hereby {rant and release unto the part y of the second part. their successors and assigns forever, all THAT TRACT OR PARCEL OF LAND Ithaca County of Tompkins and State of New York, bounded and described as follows: feet north along thcenter of said Drive from its intersection with the center of the Ithaca-Elmira State Highway and at th established southeast corner ofthe Floyd Boyce lot (formerly Elmeron Boyce); running thence westerly Rovf-5 established fence line marking the south line of theBoyce lot, and passing through an iron pipe on the west side of the Drive, to an iron pipe set at the established southwest corner of the established fence markingthe west line of the Boyce lot to an iron pipe set at the northwest v*"' westerly 1105 feet along the south line of ^ ^ northeast corner of 360 ? Millard (formerly Hilda B. Babcock); thence southerly360 feet along an east line of said Millard lands to an old iron pin lands; thence easterly 1236 feet along a Millard to an iron pipe set at the northside of a thorn apple tree; thence southwesterly 20 feet more or less to the north side of a brook as shown on a map hereinafter referred toi thence easterly along the north side of the brook as it winds and turns to a ^mt marking the intersection of the north side of said brook the center line of Seven Mile Drive; thence north along the orls" fett.more or"lesi! beginning, a distance SUBJECT to tte rights of the public in and to that portion of Seven Mile Drive included within the bounds of the above description. SUBJECT to the electric line right of way as granted by Eugene Teeter 1? State Gas 6 Electric Company on July 1, 1924 and recordedin the Tompkins Co^ty Clerk's Office in Book 5 of Miscellaneous Record; at page 345; and the electric right of way granted by Eugene Teeter U-;:. HULK 553 M 740 Estate to New York State Electric & Gas Corporation on September 11, 1939 and recorded .in Liber 253 o£ Deeds at page 327. Reference is made to a survey made by Carl Crandall, C.B. dated" May 10, 1943, a copy of which was filed in the Tompkins County Clerk's Office and a copy of which is attached hereto and made a part hereof. Being the same premises conveyed by Sylvia Saari Sundquist to D. Audbrey Marion and Iva C. Marion by deed dated July 14, 1964, recorded in the Tompkins County Clerk's Office in Liber 451 of Deeds at page 900. D. Audbrey Marion died January 24, 1969, thereby vesting sole title in the grantor herein as surviving tenant by the entirety. Town of lUiaca Tax Parcel #33-2-6,1 Grantee's Mailing address: Town of Ithaca Town Offices 126 E. Seneca Street Ithaca, New York 14850 RECEIVED % Ob REAL ESTATE ^ SEP 7 1976 TO-VT:.- a TAX coutjtt •1. 'mif V I & ? U N N I IN >/ - u ./r^^cc I n J 5 ^ ** K 1* f^.iy . '* \ *1 mjii ( .4 V.- • . -4- I • ' I V I ,N^ [ ^ t\. / - > N N. ^ NS H^?ft ft* (5 ...y _C»_ .Vw Xl> »-^ n sjN ? •. "»•*:»"- • v > S) 4 •J> {a C Ki .M ? s^ t •' .. t v>: v i.i » N \ -It—— /Vo0^A /:tS J3S 'S'l'vi^ Cn C/r CO Nl . ft rv M"u.t :i^ (Pf^*/*. WALTER J. WIGGINS STANLEY TSAPIS (1932-1977) LAURA H. HOLMBERG DIRK A- GALBRAITH ANNA K. HOLMBERG WIGGINS. HOLMBERG. GALBRAITH AND HOLMBERG ATTORNEYS AND COUNSELORS AT LAW 308 NORTH TIOGA STREET P.O. BOX 399 llr^[l©[10Wl ITHACA. N. Y. 14851 il I Lira U L-/ I JONATHAN A. ORKM MARGARET G. (30L0 January 11, 198|i:.^JAN I 21984 TELEPHONE _:A code 607) i ^HACA 273-2040 ;; oL TOWN OF ITHACA Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 Attention: Mr. Lawrence P. Fabbronl, P.E. Dear Larry: I am enclosing herewith a proposed deed description for the conveyance from Millard Brink to the Town of Ithaca. The measurements are in accord with the letter to Mr. Brink from you dated October 26, 1983. I will appreciate receiving from the Town a copy of the proposed deed to the Brinks. I trust there will not be too long a delay. Very truly yours, Laura H. Holmberg LHH:aht Enc. - - A', n t V 1^': RESOLUTION FOR EXCHANGE OF PROPERTY BETWEEN THE TOWN OF ITHACA AND MILLARD A. BRINK AND LUCILLE D. BRINK LOCATED ON SEVEN MILE DRIVE, SUBJECT TO A PERMISSIVE REFERENDUM. WHEREAS: 1. The Town of Ithaca is the owner of a parcel of land ^ ^ rfronting on Seven Mile Drive in the Town, containing ^ total approximately 11 1/2 acres, which was conveyed to the Town by Iva C. Marion fay deed dated September 3, 1976, Book 553 Deeds page 739 and is shown on the survey map made fa y Carl Crandall dated May 10, 1943, a copy of which is attached to said deed. That portion of the above property which lies north of the brook shown on the map is being used for the Town Highway facilities. 2. Millard A- Brink and Lucille D. Brink are owners of a parcel of land which is immediately adjacent on the north to the Town property as described above, which parcel was conveyed to Millard A- Brink and Lucille D- Brink by Helen M. Rose by deed dated June 24, 1983, Book' 595 Deeds page 20. This parcel is shown on the survey map of the Helen M. Rose property made by R. L. MacDowell, Jr. licensecf surveyor, on June 6, 1978 and was filed on June 22, 1978 in the Map VaftttBox VIII in the County Clerk's Office. The Town proposes to convey to Millard A. Brink and" Lucille D. Brink a portion of the Town's property substantially, described as follows: Beginning at the southwest corner of the Town's^parcel; running thence northerly along the division line between other lands of Brink on the west and the Town parcel 285 feet more or less to the center of a brook which is shown on the first above referred to map; thence southeasterly along the center of the brook to the south line of the Town's property (being also a north line of the Brink's property); thence westerly along the division line between the Town parcel and the Brink parcel approximately 829.6 feet to the place of beginning. The foregoing parcel has not been used for. purposes of the Town Highway facilities. The Town Superintendent cLhytv./u ea of Highways and the To\>ni Engineer have both dywlaiud that the parcel of land proposed to be sold to the Brinks is not particularly useful or adaptable for purposes of the Town Highway facilities or any other Town purpose. 3. In exchange for tho conveyance to them by the Town of the parcel of land described in the proceeding paragraph, Brink proposes to convey to the Town a parcel of land substantially des cribed as follows: Beginning in the north line of the said lands owned by the Town of Ithaca as described above located about 412 feet west from the centerline of Seven Mile Drive; thence west along the division line between the lands of the two parties 942 feet to a point; thence north 105 feet to a point; thence east 942 feet to a point in the west line of a parcel now or formerly owned by Ethel V. Boyce, see deed from Ethel V. Moon dated September 6, 1956, 391 Deeds 545; thence south along the west line of said Boyce property 105 feet to the point of beginning. The Town High way Superintendent and the Tov/n Engineer both recommend to the Town that the parcel,which the Brinks Will convey to the Town,will be much more useful and adaptable for the purposes of the Town Highway facilities or any other Tov/n purpose than the parcel which the Town proposes to convey to .Brink. 4. No cash will be paid by either party to the other. The sole consideration will be the exchange of the two parcels. IT IS RESOLVED .AS FOLLOWS; A. The Tovm agrees to convey to Brink the parcel which is substantially described in paragraph 2. above. This conveyance will be made on condition that Brink conveys to the Town of Ithaca the parcel which is substantially described in paragraph 3. above, i ' 1 I B. Brink convey a good and marketable title to the parcel free and clear of all liens and encumbrances except as to a -2- right-of-way granted to New York State Electric & Gas Corporation by two instruments recorded in Liber 215 of Deeds at page 532 and 437 of Deeds at page 469 provided that the Town Engineer determines that the existence of said rights-of-way will not affect the use of the land by the Town as part of its highway facilities. ^Brink will convey title by warranty deed with lien covenant. Thr/Tn^m wi 11 hy ni Jiiji'Vur luat-tc a ipoi'visoi/v D. Thi^^^r*^^lut^ subject to the^^^ecution of^^^an^^ agreement ofpurchase^nd sale between^thdparties to ^e'satisfactioi of the Town Att^riey. E^^This resolution'^is subject to a^^rmissive ^?^eferendum. ^stutci " c>c=L «si U. C^OSA^ IqX/^ Ci\/i , ^"ou iy ^ C?ovcu«cv-(- V cUjs^^ f . -l^ I €> —/""o :'icx^ -fife.. • u- '4'o (o o'-P •"?/—«.- ^^T'o<-o^— o (✓ iLfDei ii<- 7 -EC-Zio ct Wr i\.,4^ "^voof;'a -r lA- J^-e_ — - c-" . ^ _ :''i ^ 'T-^u I J t A- M jut^Cy di d. M r- ' n cl^j ff c/i.. -- ' ■-K- €«• i^ er\ ♦- ^ ^ • <..c. -3- •'WHI -.■ .-yt-;- WALTER J. WIGGINS STANLEY TSAPIS (1932-1977) LAURA H. HOLMBERG DIRK A. GALBRAITH ANNA K. HOLMBERG WIGGINS. HOLMBERG. GALBRAITH AND HOLMBERG ATTORNEYS AND COUNSELORS AT LAW 30Q NORTH TIOGA STREET p. O. BOX 399 ITHACA. N. Y. 14851 February 29, 1984 TELEPHONE (AREA CODE 607) rmACA 273-2040 JONATHAN A. ORKIN MARGARET G. GOLD d©IDWdJ] MARi m TOWN OF ITHACA Town of Ithaca 126 E. Seneca Street Ithaca, NY. 14850 Attention: Mr. Lawrence P. Fabbroni Dear Larry: Last January I forwarded to you a proposed deed description for the conveyance from Millard Brink to the Town of Ithaca which was to be in exchange for a similar parcel from the Town to him. To date Ij^^ve had no response to my letter and have not received a description of the parcel to be conveyed to Mr.Brink. The Brinks are ready to execute the deed atany time. If there are any problems about this, will you let me know. Very truly yours, . ^ Laura H. Holmberg / LHH:aht cc: Mr. and Mrs, Millard Brink 706 Eimira Road Ithaca, New York, 14850 «.v>