HomeMy WebLinkAboutTB 2023-127 Authorize Easments Associated with Cornell and Forest Home Pump Station ProjectMEETING OF THE ITHACA TOWN BOARD
August 14, 2023
TB RESOLUTION 2023 - 127: RESOLUTION AUTHORIZING TOWN TO COMMENCEEMINENT DOMAIN ACTION TO ACQUIRE THREE EASEMENTS IN THE FOREST HOME NEIGHBORHOOD ON PROPERTY OWNED BY CORNELL UNIVERSITY
TO ENABLE THE TOWN TO PROCEED WITH IMMEDIATE REPAIRS TO THE SEWER SYSTEM
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on August 14, 2023, at
5:30 o’clock P.M., Prevailing Time.
Present: Rod Howe, Supervisor; Members Pamela Bleiwas, Bill Goodman, Eric Levine, Rich DePaolo, Margaret Johnson and Rob Rosen.
Moved by Bill Goodman, seconded by Rich DePaolo
Whereas, on March 14, 2022the Town Board adopted Town Board Resolution 2022-032 that established the Forest Home Pump Station Sewer Improvement Areaand determined that it was in the
public interest to undertake sewer improvementsin the Area consisting of improvements to the Forest Home Pump Station and reconstruction of a related force main, including original equipment,
machinery, apparatus, appurtenances, as well as other incidental improvements in connection therewith (“Project”); and
Whereas, in conjunction with completing the Project, the Town’s Engineering Department has recently evaluated the integrity of the sewer system and concluded that portions of the sewer
main in the Forest Home Pump Station Sewer Improvement Area are deteriorating and there is an immediate risk that the main will crack or rupture and, in fact, this has occurred three
times in the past two years; and
Whereas, the Town Engineer has outlined the scope of the necessary sewer repairs and the risks of delay in completing the repairs, including the potential risk to the environment and
the risk ofincreased costs associated with the repair and cleanup of a broken or ruptured sewer main; and
Whereas, the Town Engineer has determined that it is necessary to proceed with the repairs to alleviate the risk of the main’s cracking or rupturing and to undertake such repairs and
to subsequently maintain the system it is necessary for the Townto obtain Permanent Easements onthree parcels of real property owned by Cornell University (“Cornell”); and
Whereas, the three properties owned by Cornell that must be accessed are a 1.89-acre vacant parcel on Forest Home Drive having a tax identification number of 66.-4-2 (“Forest Home Drive
Parcel”), a 16.50-acre vacant parcel at 14 The Byway having a tax identification number of 67.-1-4 (“Byway Parcel”), and a16.58-acre parcel on Pleasant Grove Road having a tax identification
number of 67.-1-1.1 (“Pleasant Grove Road Parcel”); and
Whereas, the Town Board adopted a Resolution 2023-042 on February 13, 2023 authorizing the Supervisor to execute the easements with Cornell but, to date, Cornell has not agreed to voluntarily
providesaid easements to the Town; and
Whereas, the Town Board has reviewed maps and legal descriptions prepared by Hunt Engineers identifying the permanent easement areas necessary to complete the immediate repairs and future
maintenance of the sewer system and the maps and legal descriptions depicting the proposed permanent easement areas on the Forest Home Drive Parcel, the Byway Parcel and the Pleasant
Grove Road Parcel are attached hereto; and
Whereas, the Town Board has consideredvarious factors to determine the impact of the Town’s proposed acquisition of the permanent easements on each of the three parcels including the
type of interests the Town is seeking to acquire, the amount of land to be encumbered by the easements, the amount of land encumbered in relation to the size of the parcels, the location
of the proposed easements with respect to existing easements and improvements and roads, the impact of the Town’s setback requirements on the ability to develop these parcels in the
future,and the potential of interference with their current and potential use; and
Whereas, the proposed Permanent Easement on the Forest Home Drive Parcelmeasures 29’ x 23’,encumbers approximately 583 square feet which represents only 4.17% of the entire parcel and
the easement area is located within the bounds of Forest Home Drive and is adjacent to an existing Town of Ithaca Sanitary Sewer Right of Way(“Forest Home Drive Permanent Easement”);
and
Whereas, the proposed Permanent Easement on the Byway Parcel measures approximately 975’ in length with varying widthsof approximately 20’,encumbers approximately 15,639 square feet,
which representsonly 10.70% of the area of the entire parcel,and 92% of the area of the proposed Permanent Easement on the Byway Parcel is also located within the bounds of Pleasant
Grove Road(“Byway Permanent Easement”); and
Whereas, the proposed Permanent Easement on the Pleasant Grove Road Parcel isirregularly shapedand measures approximately 26’ x 50’, encumbersapproximately 839 square feet,which represents
only 0.68% of the area of the entire parcel, and there is also an existing gravity sewer main located in the proposed Permanent Easement area on the Pleasant Grove Road Parcel(“Pleasant
Grove Road Permanent Easement”); and
Whereas, the Town Board has considered the risks of delaying the repairs, specifically the environmental risk of the sewer main cracking or rupturing and the financial risk thata cracked
or ruptured main will require additional remediation and more costly repairs; and
Whereas, theTown Board evaluated whether the proposed acquisition of the easements are de minimisin nature and whether the public interest will be prejudiced by the Project and whether
the public interest will be endangered by delay pursuant to EDPL §206 (D); and
Whereas, pursuant to Town Law §64, the Town has the power to acquire property for public purposes by condemnation; and
Whereas, said Project was determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act and it was determined that the implementation would not result in any significant adverse environmental impact; andit is
Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1: Portions of the sewer system in the Forest Home Pump Station Sewer Improvement Areaare deteriorating and there is a risk thatthe main will crack or rupture in the immediate
futuremaking expedited repairs necessary.
Section 2: It is necessary for the Town to access of the Forest Home Drive Permanent Easement area, the Byway Permanent Easement areaand the Pleasant Grove Road Permanent Easement area,
as delineated the attached maps, and acquire said Permanent Easements from Cornell Universityto complete the immediate repairs and maintain the sewer system.The Town’s acquisition of
the easement areas to complete such necessary repairs and maintain the sewer system in the future constitutesa valid public purpose.
Section 3: The public will not be prejudiced by the repairs and theinterests to be acquired are only easement interests, not fee interests, and the easement areas are relatively small
encumbering only a small portion of the parcels, and a large portion of the total easementareasarelocated within the bounds of existing roads, and the easements will have little, if
any, impact on the current or potential use of the parcels given theirlocation,the fact that the parcels are already encumbered by existing easements, and that the areas are not suitable
for development given the Town’s setback requirements.
Section 4: The Town Board determines that the proposed acquisition of the easements are de minimisin nature pursuant to EDPL §206 (D) as the public interest will not be prejudiced by
the repairs, the impact of the easements on these parcels is negligible and there is a risk that any delay may result in cracking or rupturing mains risking damage to the environment
and additional and more costly repairs.
Section 5:Attorneys for the Town are authorized to proceed to commence a proceeding to acquire the necessaryPermanent Easements on the Forest Home Drive Parcel, The Byway Parcel and
the Pleasant Grove Road Parcel on an expedited basis from Cornell University pursuant to Article New York’s Eminent Domain Procedure Lawand obtain the right to immediatelyenter the parcels
to commence repairs and also to obtain an Order authorizing the filing of Acquisition Maps.
Section 6: The Town Supervisor and the Town’s attorneys are authorized to execute all necessary documents to pursue the acquisition of the Permanent Easements, including obtaining necessary
appraisals, and to simultaneouslynegotiate with Cornell to obtain said easements voluntarily.
Vote: ayes – DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson