HomeMy WebLinkAboutTB 2024-148 Aquisition of property Inlet Valley Sewer ImprovementMEETING OF THE ITHACA TOWN BOARD
December 30, 2024
TB RESOLUTION 2024- 148: APPROVING AND AUTHORZING DEVELOPMENT OFCONTRACTAND ALLOCATON OF $2,000 FOR ACQUISITON OF LAND ANDRIGHTS FOR 2024 INLET VALLEY SEWER IMPROVEMENT PROJECT
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, approval, construction and implementation of
the Improvement and establishment of the Town of Ithaca 2024 Inlet Valley Sewer Improvement Area, together with the related actions and approvals required by other boards and agencies
(the “Project”), is an Unlisted action for which the Town of Ithaca Town Board, acting in an uncoordinated environmental review with respect to the Project, made a negative determination
of environmental significance on October 7, 2024, and
Whereas,at its meeting onOctober 7, 2024, the Town Board adopted a Public Interest Order (TB Resolution 2024-101) establishing the Improvement and the Town of Ithaca 2024 Inlet Valley
Sewer Improvement Area and authorizing a maximum amount of $1,278,685.00 to be expended on this Improvement subject to permissive referendum in the manner provided in Town Law Article
7 and Town Law Section 209-q, and
Whereas, the referendum period has expired, with no petitions against the Improvement being received, and
Whereas, the Town Engineer identified a need for additional land at the Site 2 location, located at 654 Elmira Road (Rodeway Inn & Suites), for the Improvement, and
Whereas, the landowner has variably indicated it would sell such rights or donate such rights, and most recently said it would give the 0.12 acres in fee to the Town for the Improvement,
so long as the Town would pay all expenses, including its attorneys’ fees; and
Whereas, the attorney for the landowner submitted an estimate ranging as high as $7,500 for the review and approval of title documents for this small gore of land (which overlays a NYSDOT
acquisition and an already existing town sewer easement); and
Whereas, after considering all options, and the likely value of the small gore of land in question, now, therefore be it
Resolved as follows:
The Town be and hereby is authorized to directly pay for or reimburse for the costs of title abstracting, surveying, and closing/filing costs for documents needed or to be filed at the
Tompkins County Clerk’s Office.
The Town allocates no more than $2,000 for the reimbursement of expenses of the landowner, including attorneys’ fees and any expenses incurred in reviewing title, deeds, or working with
lenders to approve this transaction. If necessary to stay within such allocation limits, the attorneys for the Town may work directly with lenders and draft needed documents to effect
this transaction.
The Town Engineer be and hereby is authorized to work with the town’s attorneys to develop a purchase agreement for these lands and, once such agreement has been approved by the landowner,
to have the same formally reviewed and approved by the Town Supervisor for either execution or return to the full board for final review. If the purchase agreement is in accord with
the foregoing terms and is approved in writing by the Town Engineer, then the Town Supervisor may, and is hereby authorized, to execute such purchase agreement by and for the Town of
Ithaca.
Moved: Susie GutenbergerSeconded: Pamela Bleiwas
Vote: ayes- Howe, DePaolo, Bleiwas, Johnson, Levine, Gutenberger and Rosen